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CORNELL 

UNIVERSITY 

LIBRARY 




CONSTITUTION 



OF THE 



State of Mj.ssouri 

, 4jk5425 ^^iS'i"XT""^'^^ 

'l»iii«»iiI,,,?Lf!!S.,,?*ate of Missouri 



1875, 




oiin ^ ^^24 030 493 419 
WITH ALL AMENDMENTS TO 



1903. 



ANNOTATED TO DATE. 



COMPILED AND P0BLISHED BY 

SAM B. COOK, 

SECBBTABY OP STATE. 







JB3FFEKS0N CITY, MO. : 
Tbibunb Pbintinq Company, State Peintbhs and Bindbbs. 




Cornell University 
Library 



The original of tinis book is in 
the Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 



http://www.archive.org/details/cu31924030493419 



CONSTITUTION 



OF THE 



State of Missouri, 

1875, 

WITH ALL AMENDMENTS TO 

1903. 

ANNOTATED TO DATE. 



COMPILED AND PUBLISHED BY 

SAM B. COOK, 

SECRETARY OF STATE. 




JEB'PEESON CITY, MO. : 
Tkibund Pbintinq Company, State Peintbrs and Bindebs. 



p^'^e- 



Ui 



CONSTITUTION 



OF THE 



State of Missouri 

ADOPTED BY A VOTE OF THE PEOPLE, OCTOBER 30, 1ST5. WENT INTO OPERA- 
TION, NOVEMBER 30, 1875. 



CONTENTS. 



PREAMBLE. 

Constitution established. 

ARTICLE I— Boundaries. 

SECTION 
1. Boundaries of tlie state— jurisdiction. 

ARTICLE II— Bill of Rights. 

SECTION 
1. Origin of political power. 

Eight to regulate internal affairs, and 
to abolish existing form of gov- 
ernment. 

Missouri a free and independent state 
-right of local self government. 

The object of constitutional govern- 
ment. 

Religious liberty and freedom of con- 
science guaranteed. 

Religious worship. 

No aid or preference given to churches. 

Religious corporations established un- 
der a general law may hold cer- 
tain real estate. 

Elections to be free and open. 

Courts shall be open to every person. 

Security from searches and seizures. 

Indictment and information concur- 
ent remedies in criminal prosecu- 
tions. 

Treason defined— corruption of blood. 

Freedom of speech allowed— truth of 
publication may be given in evi- 
dence. 

Bx post faoto laws, and laws making 
irrevocable grants of special priv- 
ileges, forbidden. 

No imprisonment for debt, except, 
when. 

Eight to keep and bear arms. 

Officers must devote their time to the 
duties of their offices. 

Collectors and receivers, not eligible 

to office, when. 
Private property taken for private use 

—for public use. 
Private' property taken for public use 
— compensation. 



2. 



3. 



5. 



9. 
10. 
11. 
12. 



13. 
14. 



15. 



16. 



17. 
18. 



19. 

20. 



21. 



SECTION 

22. Criminal prosecutions, right of ac- 

cused. 

23. No self-crimination, nor twice in 

jeopardy. 

24. Bail allowed, when. 

25. Excessive bail and fines, and cruel 

punishments, forbidden. 

26. Writ of habeas corpus shall not be 

suspended. 

27. Military subject to civil power. 

28. Trial by Jury— grand Jury to consist 

of twelve men. 

29. Right of petition and remonstrance 

guaranteed. 

30. Due process of law. 

31. Slavery and involuntary servitude for- 

bidden. 
32. Reservation of rights. 

ARTICLE III— The Distribution of Powers. 

SECTION 
1. Powers divided into three depart- 
ments. 

ARTICLE IV— Legislative Department. 

SECTION 

1. Vested in general assembly. 

REPRESENTATION AND APPORTION- 
MENT. 

2. Time of electing representatives— ra- 

tio of apportionment. 

3. Division of counties into representa- 

tive districts. 

4. Qualifications of representatives. 

5. Thirty-four senators— senatorial dis- 

tricts. 

6. Qualifications of senators— division of- 

counties into senatorial districts. 

7. Rule of apportionment for senators 

and representatives — to be revised 
and adjusted on the basis of the 
United States census. 

8. Number of representatives— how dis- 

tributed. 

9. Districts may be altered. 

10. First election of senators and repre- 

sentatives. 

11. The present senatorial districts. 



CONSTITUTION OF MISSOURI. 



SECTION 

12. Senators and representatives cannot 
hold another office— certain offi- 
cers not eligible. 

HemoTal of residence vacates office. 

Writs of election to fill vacancies. 

Oath of office, refusal to take, pen- 
alty for violation of. 

Pay of members and expenses of com- 
mittees. 

Organization — pimishment of disorder- 
ly members and other persons. 

Quorum— compelling attendance of 
absent members. 
19. Doors to be open. 

Time of meeting. 

Adjournment for more than three 
days. 

Adjournment for three days or less. 

Adjournment without consent, or to 
another place. 



13. 
U. 
15. 

16. 

17. 

18. 



20. 
21. 



22. 
23. 



LEGISLATIVE PKOCBEDINGS. 

24. Style of laws. 

25. Laws to be passed by bill— amend- 

ments. 

26. Bills, where to originate — amend- 

ments to be read on three differ- 
ent days. 

27. Bills to be reported upon and printed. 

28. Bills to contain but one subject. 

29. Amendments to be engrossed and 

printed. 

30. Proceedings when bills are returned 

amended. 

31. Pinal vote on a bill. 

32. Vote on amendments and reports of 

committees. 

33. Reviving and re-enacting laws. 

34. Amendments by striking out and in- 

serting words. 

35. Motion to reconsider. 

36. When laws shall take eftect. 

37. Bills to be signed by presiding offi 

cers, objections to be disposed of. 

38. Bills presented to governor for ap- 

proval. 

39. Proceedings when a bill is returned 

without approval. 

40. Failure of governor to pei'form duty, 

bill to be enrolled as an authentic 
act. 

41. Revising the laws. 

42. Each house shall publish a journal- 

yeas and nays demanded, noting 
names of absentees. 



I/IMITATION 



ON 
POWBlt. 



LEGISLATIVE 



63. 
53. 



Revenue to be paid into tre'asury- or- 
der of appropriations. 

Power of the legislature to create 
debts and liabilities limited. 

State's credit cannot be pledged— one 
exception. 

Grants of public money prohibited, 
except in case of public calamity. 

Municipalities cannot lend their cred- 
it nor become stockholders. 

Extra allowance to officers and pay- 
ment of unauthorized contracts 
prohibited. 

Subscriptions by the slate prohibited. 

State lien on railroads not to be re- 
leased. 

Corporation indebtedness shall not bo 
released. 

Payment of the war debt. 

Special legislation prohibited— special 
acts may be repealed. 

Notice of application for the enact- 
ment of local laws. 

Business of extra session. 

Scat of government to remain at Jef- 
ferson City. 



ARTICLE V— Executive Department. 

SECTION 

1. Executive officers, place of residence 

and duties. . 

2. Terms of office— when elected— certain 

officers ineligible as their own 
successors. 

3. Returns of elections for executive of- 

ficers—tie, how determined. 

4. Q'he supreme executive power. 

5. Qualifications of governor. 

6. Duties of governor, generally. 

7. Governor may call out militia and 

command them. 

8. Pardoning power. 

9. Governor shall give information to 

general assembly — may call extra 
sessions. 

10. Governor's message — to account for 

moneys and furnish estimates of 
expenses. 

11. Vacancies in office, how filled. 

12. Bills presented to governor for ap- 

proval. 

13. Governor may object to a portion of a 

bill. 

14. Resolutions to be approved— effect of 

resolutions. 

15. Qualifications and duties of lieuten- 

ant-governor. ' 

16. Lieutenant-governor to act as govern- 

or, when. 

17. President of the senate — other persons 

to act as governor. 

18. Pay of lieutenant-governor. 

19. Qualifications of executive officers. 

20. Seal of the state to be kept by sec- 

retary of state. 

21. Duties of secretary of state. 

22. Accounts and reports of executive of- 

ficers, penalty for false report. 

23. Commissions of officers. 

24. Pay of executive officers— fees to be 

paid into state treasury. 

25. Contested elections of executive offi- 

cers. 

ARTICLE VI— Judicial Department. 
SECTION 

1. .Judicial power, where vested. 

2. Jurisdiction of supreme court. 

3. Superintending control of supreme 

court- power to issue writs. 

4. Term of office of judges— chief jus- 

tice. 

5. Quorum, number of judges, their da- 

ties. 

6. Qualifications of judges of supreme 

court. 

7. Full term of judges to commence, 

when. 

8. Term of present judges, elections to 

fill their places. 

9. Time and place of holding supreme 

court. 

10. Accommodatidns for supreme court. 

11. Judges divided in opinion. 

12. St. Louis court of appeals, jurisdic- 

tion of— appeals to supreme court. 

13. Judges of court of appeals, their 

number, elections, qualifications 
and pay. 

14. Duties of judges— quorum— terms of 

court. 
13. Opinions and practice in court of ap- 



IS. 
19. 



20. 

21. 



Election of judges— terms of office — pre- 
siding judge. 

Appointment of judges by the govern- 
or. 

Clerk of court of appeals. 

Cases in supreme court to be certified 
to court of appeals. 

Cases triable within what time. 

Records of supreme court at St. 
Louis and St. Joseph. 

Jurisdiction and terms of circuit 
court. 



CONSTITUTION OF MISSOURI. 



SECTION 

23. Superintending control of circuit 

court. 

24. Judicial circuits— may be changed, 

etc.— one judge to eacb. 

25. Election, terms of office and duties of 

circuit judges. 

26. Qualifications of circuit .ludges. 

27. Circuit court of St. Louis county— ap- 

pellate jurisdiction of court of ap- 
peals. 

28. Provisions for additional judges. 

29. When judge of neighboring circuit may 

preside. 

30. Election of judges— ties and contested 

elections. 

31. Criminal courts. 

32. Vacancy in office of judge. 

33. Salaries of judges not to be increased 

or diminished. 

34. Probate courts, jurisdiction of. 

35. Jurisdiction— practice— clerks of pro- 

bate courts. 

36. County courts, jurisdiction and judges 

of. 

37. Justices of the peace. 

38. Writs and prosecutions in name of 

state— conclusion of indictments. 

39. Clerks of courts. 

40. Election of clerks, ties and contests. 

41. Removal of judges for disability. 

42. Provision as to existing courts. 

43. Publication of judicial decisions. 

44. May be published by any person. 

CONSTITUTIONAL AMENDMENT 1884. 

1. St. Louis court of appeals, extended 

jurisdiction. 

2. Kansas City court of appeals, estab- 

lished, terms, jurisdiction, judges. 

3. Court of appeals, additional may be 

established. 

4. Kansas City court of appeals, first 

judges, appointmetit and election. 

5. Supreme court, exclusive appellate 

jurisdiction of. 

6. When court of appeals cases may be 

certified to supreme court. 

7. Cases now pending in supreme court 

transferred to Kansas City court 
of appeals. 

8. Supreme court superintending control 

of.- 

9. Kansas City court of appeals, court 

room and offices. 

10. Judges of courts of appeals, salaries, 

how^ paid. 

11. Constitution, Inconsistent provisions 

rescinded. 

CONSTITUTIONAL AMENDMENT 1890. 

1. Supreme court, number of judges, two 

divisions. 

2. Appointment of judges, election, 

terms, divisions, chief justice. 

3. Assignment of causes, practice, opin- 

ions, issue of writs. 

4. Judges equally divided, transfer of 

cause. 

5. Divisions to be dispensed with, when. 

6. Repeal of inconsistent provisions. 

ARTICLE VII— Impeachments. 

SECTION 

1. Who liable, and for what causes. 

2. Trial of impe.ichments, punishment. 

ARTICLE VIII— Suffrage and Elections. 

SECTION 

1. Time of holding elections. 

2. Qualifications of voters. 

3. Mode of conducting elections. 

4. Voters privileged from arrest. 

5. Registration of voters. 



SECTION 

6. Elections by persons in representative 

capacity. 

7. Gaining or losing residence. 

8. Paupers and criminals disqualified. 

9. Contested elections generally. 

10. Persons convicted of crime. 

11. United States soldiers not to vote. 

12. Aliens, etc., cannot hold office. 

ARTICLE IX— Counties, Cities and Towns. 

SECTION 

1. Existing counties recognized. 

2. Removal of county seats. 

3. New counties— counties cannot be re- 

duced below the ratio of represen- 
tation 

4. Portion of county stricken off and 

added to another. 

5. Liability of new counties. 

6. Becoming stockholders, etc., prohib- 

ited — provision as to existing sub- 
scriptions. 

7. Organization and classification of 

cities and towns. 

8. Township organization— justices of 

county court. 

9. Abandoning township organization. 

10. Sheriffs and coroners. 

11. Vacancy in office of sheriff and cor- 

oner. 

12. Fees of county officers. 

13. Fees of officers generally— quarterly 

returns. 

14. Provisions for extra officials. 

15. Consolidation of city and county gov- 

ernments. 

16. Charters of large cities, how framed 

and adopted. 

17. Certain features of such charters. 

18. No person can hold two offices, when. 

19. Excess of municipal indebtedness, 

how paid. 

ST. LOUIS. 

20. May extend her limits and adopt a 

charter. 

21. Authentication of charter, judicial no- 

tice of. 

22. Amendment of charter. 

23. Certain special provisions. 

24." Courts of St. Louis county— eighth ju- 
dicial circuit. 

25. St. Louis remains subject to general 
law. 

ARTICLE X— Revenue and Taxation. 

SECTION 

1. The taxing power. 

2. Power to tax corporations. 

3. Taxes to be collected for public pur- 

poses and to be uniform. 

4. Property to be taxed in proportion to 

value. 

5. Taxing of railroads. 

6. Exemptions. 

7. Other exemptions void. 

8. Rate for state purposes. 

9. Municipalities liable for state taxes. 

10. Taxes for municipal purposes. 

11. Rate and valuation for municipal pur- 

poses. 
Ua. Special road tax levy authorized. 

12. Limitation on municlapl indebtedness. 
12a. Indebtedness for waterworks, etc., in 

certain cities. 

13. Private property cannot be sold for 

municipal debts. 

14. Ordinance of 1865— payment of bonded 

debt. 

15. State funds to be deposited in bank. 

16. Treasurer's accounts, quarterly state- 

ments. 

17. Speculation in public funds prohibit- 

ed. 



CONSTITUTION OF MISSOURI. 



SECTION 

18. State board of equalization. 

19. Appropriations generally — statement 

o( receipts and expenditures. 

20. Moneys arising from loans, how ap- 

plied. 

21. Dues from corporations on their cap 

ital stock. 
26. Certificates of indebtedness— levy to 
pay interest on. 

ARTICLE XI— Education. 

SECTION 

1. Free schools for persons between ages 

of six and twenty years. 

2. Custody of school fund- certain dis- 

tricts not entitled to any portion 
of funds. 

3. Schools for colored children. 

4. Board of education. 

5. State university. 

6. Public school fund. 

7. Deflciency in public school fund. 
S. County school fund. 

9. Investment of public school tuna. 
10 Investment of county school tuna. 
11. Funds shall not be used for religious 
or sectarian purposes. 

ARTICLE XII— Corporations. 

SECTION 

1. Existing unorganized corporations. 

2. To be created, etc., by general laws. 

8. Forfeited charters. . 

4. Right of eminent domain— lury trials. 

5. Subject to police power of the state. 

6. Election of directors. 

7. Not to engage in other business- 

holding real estate. 
S. Increase of stock and indebtedness. 

9. Individual liability of stockholders. 

10. Preferred stock. 

11. "Corporation" defined. 

RAILROADS. 

12. Discrimination prohibited— commuta- 

tion tickets. 

13. Construction, connecting with other 

roads— to receive freight from 
other roads. 

14. Are public highways— laws to prevent 

discrimination. 
15 To keep a public office and books- 
meetings and reports of directors. 

16. Property liable to execution. 

17. Parallel lines, shall not consolidate 

nor be managed jointly. 

18. Consolidation with foreign companies 

19. Laws in favor of, and imposing a neT\' 

liability on the people. 

20. Street railroads. 

21. Benefit of future legislation. 

22. Officers not to be interested in busi- 

ness of company. 

23. Discrimination between companies 

and individuals. 

24. Granting free passes to public offi- 

cers prohibited. 

BANKS. 

25. No state bank shall be created— state 

shall not own stock in banks. 



SECTION 

26. Laws creating banks to be submitted 

to the people. 

27. Receiving deposits after bank is in- 

solvent. 

ARTICLE XIII— Militia. 

SECTION 

1. Persons liable to military duty. 

2. Organization of militia. 

3. Election of officers. 

4. Volunteer companies. 

5. Militia privileged from arrest. 

6. Appointment of officers by the gov- 

ernor. 

7. Public arms and military records. 

ARTICLE XIV— Miscellaneous Provisions. 

SECTION 

1. Public lands— lands of the United 

States exempt from taxation — tax- 
ing non-residents. 

2. Prosecutions for acts done under mil- 

itary authority forbidden. 

3. Dueling— the offender cannot hold of- 

fice. 

4. Officers of the United States not elig- 

ible to state office. 
. 5. Present officers to remain in office. 

6. Oath of office generally. 

7. Removal for misdemeanor in office. 

8. Fees not to be increased nor term of 

office extended. 

9. Appointment of officers. 

10. Lotteries prohibited. 

11. Investigation by grand .jury. 

12. Legislators privileged froni arrest- 

freedom of debate. 

ARTICLE XV— Mode of Amending the 
Constitution. 

SECTION 

1. Constitution may be amended. 

2. Amendments proposed and submitted 

to the people. 

3. Convention may be called. 

SCHEDULE. 

1. Provision as to existing laws, rights 

and actions. 

2. I'rovision as to existing obligations 

prosecutions, etc. 

o. Existing county and probate courts. 

4. Criminal courts. 

5. Courts of common pleas. 

6. Existing officers to continue. 

7. Appeals returnable to .Teflerson Citv. 

8. Provision for payment of bonded debt. 

9. Constitution to be submitted to a vote 

of the people. 

10. Clerks to furnish poll-books and bal- 

lots. 

11. Form of ballots. 

12. Returns of election— proclamation by 

governor. 

13. Result of election— constitution to 

take effect, when. 

14. Schedule to take effect immfdiately. 

15. Laws to enforce constitution. 

IC. Provision as to existing executive of- 
ficers. 
17. Preliminary examinations and arrests. 



ARTS. I AND II.] CONSTITUTION OF MISSOURI. 



PREAMBLE. 

We, the people of Missouri, with profound reverence for the Supreme 
Ruler of the Universe, and grateful for His goodness, do, for the better 
government of the State, establish this Constitution, (a) 

ARTICLE L 

BOUNDARIES. 

Section i. Boundaries and jurisdiction. — The boundaries of the 
State, as heretofore established by law, are hereby ratified and confirmed. 
The State shall have concurrent jurisdiction on the river Mississippi, 
and every other river bordering on the State, so far as the said rivers 
shall form a common boundary to this State and any other State or States ; 
and the river Mississippi and the navigable rivers and waters leading to 
the same shall be common highways, and forever free to the citizens of 
this State and of the United States, without any tax, duty, impost or 
toll therefor, imposed by this State, (b) 

[Same in substance as Const. 1865, Art. 11, Sec. 2, excepting first sentence.] 

ARTICLE II. 

BILL OF RIGHTS. 

In order to assert our rights, ackno^wledge our duties, and proclaim 
the principles on which our government is founded, nfe declare-. 

Section i. Political power, origin of. — That all political power 
is vested in and derived from^ the people; that all government of right 
originates from the people, is founded upon their will only, and is in- 
stituted solely for the good of the whole. 

[Same as Const. 1865, Art. 1, Sec. 4.] 

Sec. 2. Internal affairs, regulation of. — That the people of this 
State have the inherent, sole and exclusive right to regulate the internal 
government and police thereof, and to alter and abolish their Constitu- 
tion and form of government whenever they may deem it necessary to 
their safety and happiness : Provided, Such change be not repugnant to 
the Constitution of the United States. 

[Same in substance as Const. 1815, Art. 2, Se<:. 5.] 

Sec 3. Local self-government not to be impaired. — That Mis- 
souri is a free and independent State, subject only to the Constitution 
of the United States ; and as the preservation of the states and the main- 
tenance of their governments are necessary to an indestructible Union, 

(a) Constitution must be expounded in its plain and obvious meaning. 15 Mo. 3. 
And so as to carry out the intent of the maimers. 75 Mo. 147 ; 85 Mo. 307. Same rules of 
construction apply to constitution as to statutes. 41 Mo. 453; 121 Mo. 331. Legislative 
construction is not binding on the judiciary. 83 Mo. 488. Every presumption is in favor 
of constitutionality of laws. 86 Mo. 540. Legislation is usually necessary to malie con- 
stitutional powers operative. 39 Mo. 485. But prohibitory clauses are usually self-enforc- 
ing. 83 Mo. 489. 

(6) 13 Mo. 519. Eight to regulate intern.il government. 141 Mo. 36. 



8 CONSTITUTION OF MISSOURI. [AET. IX 

and were intended to co-exist with it, the Legislature is not authorized 
to adopt, nor will the people of this State ever assent to any amendment 
or change of the Constitution of the United States which may in any wise 
impair the right of local self-government belonging tO' the people of this 
State. 

[New section.] 

Sec. 4. Purpose of government — natuaral rights of persons. — 

That all constitutional government is intended to promote the general' 
welfare of the people; that all persons have a natural right to life, liberty 
and the enjoyment of the gains of their own industry; that tO' give secu- 
rity to these things' is the principal office of government, and that when 
government dioes not confer this security, it fails of its chief design, (c) 

[Same in substance as Const. 1865, Art. 1, Sec. 1.] 

Sec. 5. Religious freedom— belief not to affect citizen — liberty 
of conscience. — That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own conscience ; 
that no person can, on account of his religious opinions, be rendered 
ineligible to any office of trust or profit under this State, nor be disquali- 
fied from testifying, or from serving as a juror ; that no human authority 
can control or interfere with the rights of conscience; that no person 
ought, by any law, to be molested in his person or estate, on account 
of his religious persuasion or profession; but the liberty of conscience 
hereby secured shall not be so construed as' to excuse acts of licentious- 
ness, nor to justify practices inconsistent with the good order, peace or 
safety of this State, or with the rights of others, (d) 

[Same as Const. 1S65, Art. 1, Sec. 9.] 

Sec. 6. Religion, individual support of not compulsory. — That 
no person, can be compelled to erect, support or attend any place or sys- 
tem of worship, or to maintain or support any priest, minister, preacher 
or teacher of any sect, church, creed or denomination of religion ; but if 
any person shall voluntarily make a contract for any such object, he shall 
be held to the performance of the same. 

[Same in substance as Const. 1865, Art. 1, Sec. 10.] 

Sec. 7. Religion, State must hot aid church.— That no money 
shall ever be taken fromi the public treasury, directly or indirectly, in aid 
of any church, sect or denomination of religion, or" in aid of any priest 
preacher, minister or teacher thereof, as such ; and that no preference 
shall be given to nor any discrimination made against any church sect 
or creed of religion, or any form of religious faith or worship. 

[First clause new. Last clause same in substance as Const. 1865, Art. 1, Sec. U.] 

Sec. 8. Religious corporation not to be established.— That no 

rehgious corporation can be established in this State, except such as 
may be created under a general law for the purpose only of holding the 

(c) The rights here enumerated are subordinate to the rights of society. 12 A 214- 
77 Mo. UO; 16 A. 145; 38 A. 609; 139 Mo. 560. A law unnecessarily or oppressively restrain- 
ing citizens from engaging in traffic, or disposing of property is void. 52 Mo 174 Ordi- 
nance prohibiting persons from associating with suspected criminals is void 128 Mo 541 
Notwithstanding this section, state may impose restrictions upon foreign insurance com- 
panies doing business in the state. 136 Mo. 3S2. Police power. 114 Mo. ISO- 107 Mo 1- 
B2 Mo. 174 ; 10 Mo. 591 ; 116 Mo. 248. See also 81 A. 147 ; 83 A. 301 ; 93 A. 349 ; 154 Mo 375 ■ 157 
Mo. 125 ; 162 Mo. 455 ; 164 Mo. 616 ; 165 Mo. 641 ; 169 Mo. 283 • 172 Mo 318 

^7 A f. !f ^'r,^'"f„ """ °°' '^'^l^^l'fy witness. 11 A. 385; 15 A. 86. Sunday laws. 
47 A. 418. Also 164 Mo. 304. 



AKT- II.] CONSTITUTION OF MISSOURI. 9 

title to such real estate as may be prescribed by law for church edifices, 
parsonages and cemeteries, (e) 

[Const. 1865 llmitecl quantity of land to five acres In country and one acre elsewherf. 
Art. 1, Sec. 12.] 

Sec. 9. Elections must be free and open. — That all elections shall 
be free aiid openi; and no power, civil or military, shall at any time in- 
terfere to prevent the free exercise of the right of suffrage. (/) 

[Same in substance as Const. 1865, Art. 1, Sec. 14.] 

Sec. 10. Courts of justice must be open. — That courts of justice 
shall be open to every person, and certain remedy afforded for every 
injury to person, property or character, and that right and justice should 
be administered without sale, denial or delay, (g) 

[Same In substance as Const. 1865, Art. 1, Sec. 15.] 

Sec. 1 1 . Freedom from search and seizure, requisites of warrant. 
That the people shall be secure in their persons, papers, homes and 
efifects, from unreasonable searches and seizures ; and no warrant to 
search any place, or seize any person or thing, shall issue without de- 
scribing the place to be searched, or the person or thing tO' be seized, as 
nearly as may be; nor without probable cause, supported by oath or 
affirmation reduced to writing, (h) 

[Same as Const. 1865, Art. 1, Sec. 23, except words "reduced to writing."] 

Sec 12. Felonies and misdemeanors prosecuted by indictment or 

information. — No person shall be prosecuted criminally for felony or 
misdemeanor otherwise than by indictment or information, which shall 
be concurrent remedies, but this shall not be construed to apply to cases 
arising in the land or naval forces or in the militia when in actual ser- 
vice in time of war or public danger, (i) 

[Const. 1865, Art. 1, Sec. 24. Section, as amended, adopted in 1900.] 

Sec. 13. Treason defined, no attainder, estates of suicides not 
forfeited. — That treason against the State can consist only in levying 
war against it, or in adhering to its enemies, giving them aid and com- 
fort ; that no person can be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or on his confession in open court ; 
that no person can be attained of treason or felony by the General As- 
sembly; that no conviction can work corruption or blood or forfeiture of 
estate; that the estates of such persons as may destroy their own lives 
shall descend or vest as in cases of natural death; and when any person 
shall be killed by casualty, there shall be no forfeiture by reason thereof. 

[Forfeiture for treason under Const, of 1865, Art. 1, Se«s. 25 and 26. Second and last 
clauses of above section not in that instrument.] 

(e) 120 Mo. 226 ; 103 Mo. 477 ; 97 Mo. 196 ; 82 Mo. 418 ; 11 A. 565 ; 27 A. 633. 

if) 41 Mo. 63. Poll tax cannot be imposed for failure to vote. 136 Mo. 475. 

(g) 107 Mo. 83. Stay of execution. 1 Mo. 164. 209 ; 4 Mo. 50 ; 31 Mo. 205. Suits against 
persons in military service. 11 Mo. 344, 546; 34 Mo. 330; 35 Mo. 441. Writ of prohibition. 
104 Mo. 619 ; 130 Mo. 90. Costs— transcript— refusal of clerk to make. 113 Mo. 602 ; 121 Mo. 
61. Special venire. 15 A. 125. 

(h) Statute authorizing destruction of gambling device without process, is uncon- 
stitutional. 70 Mo. 152. Inspection of pawnbrokers' books— ordinance. 128 Mo. 588. Lot- 
tery. 130 Mo. 489. Telegram— dMces tecum. 72 Mo. 83 ; 7 A. 484 ; 42 A. 261. 

(i) 29 Mo. 330. Affidavit of private person is not an information. 79 Mo. 515 ; 80 Mo.. 
643 ; 88 Mo. 648 ; 93 Mo. 123. Violation of a city ordinance is not a criminal offense. 74 Mo.. 
395. Court of Ci'iminal Correction. 40 Mo. 186; 42 Mo. 572. Sec. 2213, E. S. 1899, unconsti- 
tutional. 109 Mo. 601; 119 Mo. 434; see 112 Mo. 202. Also 166 Mo. 287; 168 Mo. 398. 



10 CONSTITUTION OF MISSOURI. [ART. II 

Sec. 14. Freedom of speech, press —libel, truth in justification. — 

That no law shall be passed impairing the freedom of speech ; that every 
person shall be free to say, write or publish whatever he will on any 
subject, being responsible for all abuse of that liberty; and that in all 
suits and prosecutions for libel the truth thereof may be given in evidence, 
and the jury, under .the direction of the court, shall determine the law and 
-the fact. ('/) 

[Same in substance as Const. 1865, Art. 1, Sec. 27.] 

Sec. 15. Ex post facto laws, etc., prohibited. — That no ex post 
facto law, nor law impairing the obligation of contracts, or retrospec- 
tive in its operation, or making any irrevocable grant of special privi- 
leges or immunities, can be passed by the General Assembly, {k) 

[The clauses "or making any irrevocable grant of special privileges or immunities," 
and '"by the general assembly," are new.] 

Sec. 16. No imprisonment for debt. — That imprisonment for 
debt shall not be allowed, except for the non-payment of fines and pen- 
alties imposed for violation of law. (/) 

[Same in substance as Const. 1865, Art. 1, Sec. 24.] 

Sec. 17. Right to bear arms, when. — That the right of no citizen 
to keep and bear arms in defense of his home, person and property, or 
in aid of the civil power, when thereto legally summoned, shall be called 
in question; but nothing herein contained is intended to justify the 
practice of wearing concealed weapons, (w) 

[Const. 1865, Art. 1, Sec. 8, modified.] 

Sec. 18. Ofificers to attend personally to duties. — That no person 
elected or appointed to any office (dt employment of trust or profit under 
"the laws of this State, or any ordinance of any municipality in this 
State, shall hold such office without personally devoting his time to the 
l>erformance of the duties to the same belonging. (;j) 

[New section.] 

(j) 136 Mo. 227 : 75 A. 45. Jury shall determine the law and facts. 106 Mo. 395 ; 125 
Mo. 517. See 168 Mo. 133 ; 76 A. 159. 

(7c) 61 Mo. 131; 81 Mo. 60; 20 Mo. 170; 34 Mo. 546; 35 Mo. 174; .38 Mo. 483; 52 Mo. 133. 
Ex post facto laws— term defined. 66 Mo. 545 ; 141 Mo. 408. Act of 1895 changing time al- 
lowed defendant for making challenges is not within this prohibition. 134 Mo. 109. Leg- 
islature cannot pass a law impairing the obligation of contracts. 9 Mo. 389 ; 50 Mo. 129 ; 
7S Mo. 188; 88 Mo. 282. May change the remedy if the change does not impair the right. 
•91 Mo. 452; 8 A. 125. Cannot divest vested rights. 66 Mo. 328. Explanatory legislation 
cannot retroact so as to impair vested rights. 46 Mo. 376. A law affecting only contracts 
made after its passage is not within this prohibition. 136 ilo. 382. Incumbent has no 
vested right in office created by legislature. 44 Mo. 129 ; 46 Mo. 322 ; 47 Mo. 220. A munici- 
pal license is 'not a contract. 133 Mo. 634. Retrospective laws— term defined. 66 Mo. 545. 
What retrospective laws may be passed. 115 Mo. 199. Statutes should be prospectivelji, 
construed unless an opposite intent plainly appears. 78 Mo. 188 ; 79 ilo. 113 ; 115 Mo. 184 ; 
133 Mo. 100 ; 63 A. 52 ; 74 A. 486. The married woman's act of 1875 is not applicable to 
marriages then in existence. 115 Mo. 184 ; 141 Mo. 574. Special privileges. 109 Mo. 496. 
See also 71 A. 315 ; 77 A. 103 ; 81 A. 152 ; 84 A. 555 ; 85 A. 96, 242 ; 87 A. 157 ; 90 A. 143 ; 141 
Mo. 506, 574, 584; 142 Mo. 28; 144 Mo. 376, 413; 145 Mo. 551; 146 Mo. 42; 149 Mo. 57, 165; 
161 Mo. 119; 152 Mo. 1; 153 Mo. 157; 165 Mo. 496; 166 Mo. 56, 287; 172 Mo. 31S, 436. 

(i) Contempt— violation of orders of court, imprisonment for. SO Mo. 447; 144 Mo. 
■653. Police power. 74 Mo. 404. Failure to pay alimony no ground for imprisonment. 39 
.Mo. 285. See 144 Mo. 653. 

(m) Concealed weapons. 74 Mo. 528 ; 90 Mo. 302. 

(n) 113 Mo. 202. 



^^'^- "•] CONSTITUTION OF MISSOURI. 



II 



Sec. 19. Collectors, receivers, etc., in default, ineligible to office. 

Ihat no person who is now or mav hereafter become a collector or 
receiver of public money, or assistant or deputy of such collector or re- 
ceiver, shall be eligible to any office of trust or profit in the State of Mis- 
souri under the laws thereof, or of any municipality therein, until he 
shall have accounted for and paid over all the public money for which 
he may be accountable. 

[Const. 1865, Art. 4, Sec. 12, modified.] 

Sec. 20. Property not to be taken for private use — public use a 
judicial question.— That no private property can be taken for private 
use, with or without compensation, unless by the consent of the owner, 
except for private ways of necessity, and except for drains and ditches 
across the lands of others for agricultural and sanitary purposes, in such 
manner as may be prescribed by law; and that whenever an attempt is 
made to take private property for a use alleged to be public, the question 
whether the contemplated use be really public shall be a judicial question, 
and as such judicially determined, without regard to anylegislative asser- 
tion that the use is public, (o) 

[New section.] 

Sec. 21. Pproperty for public use — compensation. — That private 
property shall not be taken or damaged for public use without just com- 
pensatioii. Such compensation shall be ascertained by a jury or board of 
commissioners of not less than three freeholders, in such manner as may 
be prescribed by law ; and until the same shall be paid to the owner, or 
into court for the owner, the property shall not be disturbed or the pro- 
prietary rights of the owner therein divested. The fee of land taken for 
railroad tracks without consent of the owner thereof shall remain in such 
owner, subject to the use for which it is taken, (p) 

[New except substance of first sentence. Const. 1865, Art. 1, Sec. 16.] 

Sec. 22. Rights of accused in criminal prosecutions. — In criminal 
prosecutions the accused shall have the right to appear and fiefend, in 
person and by counsel; to demand the nature and cause of the accusa- 
tion ; to meet the witnesses against him face to face ; to have process to 

(0) 58 Mo. 175; 91 Mo. 54; 34 Mo. 546; 94 Mo. 26; 101 Mo. 525; 124 Mo. 129; 125 Mo. 82; 
129 Mo. 607. Wairer of action against officer. 69 Mo. 364. Wagon tax— city— non-resi- 
dents. 51 Mo. 122. Taxes on land beyond city limits. 22 Mo. 384. Way of necessity. 
11 Mo. 513 ; 27 Mo. 373 ; 73 Mo. 651. Double damage act. 82 Mo. 221 ; 86 Mo. 629. Statu- 
tory private road. 130 Mo. 292. 

(p ) 25 Mo. 258 ; 57 Mo. 256 ; 113 Mo. 132 ; 14ft Mo. 458 ; 25 Mo. 277. Act must afford 
remedy. 25 Mo. 277; 116 Mo. 527. Damages, paid, wben. 57 Mo. 496; 91 Mo. 26; 15 A. 152. 
Only absolute necessity will justify falsing. 47 Mo. 474. Notice. 87 Mo. 203. City liable 
for negligence in constructing sewers. 107 Mo. 83. For damage by grading street. 75 Mo. 
213 ; 78 Mo. 107 ; 83 Mo. 488 ; 94 Mo. 574 ; 107 Mo. 83 ; 116 Mo. 527 ; 119 Mo. 180 ; 120 Mo. 110 ; 122 
Mo. 643; 125 Mo. 485. Benefits. 91 Mo. 26; 58 Mo. 491; 57 Mo. 599; 45 Mo. 466; 25 Mo. 258, 
535 ; 85 Mo. 637 ; 137 Mo. 377 ; 142 Mo. 155. What is public use. 58 JIo. 175 ; 48 Mo. 243 ; 49 
Mo. 165 ; 27 Mo. 373 ; 85 Mo. 307. Tax for local improvement. 100 Mo. 300. Jury trial, when. 
106 Mo. 458 ; 109 Mo. 53. Injury must be special. 107 Mo. 198 ; 111 Mo. 28. Incorporeal 
rights. 113 Mo. 308 ; 120 Mo. 154. Venue, change of. 113 Mo. 458. Condemnation— title ac- 
quired. 117 Mo. 138 ; 121 Mo. 169. Appeals- their effect. 119 Mo. 357. Award, property of. 
120 Mo. 389 ; 130 Mo. 270. Report signed by two commissioners good. 144 Mo. 234. See also 
71 A. 508 ; 75 A. 535 ; 8t) A. 87 ; 146 Mo. 543 ; 147 Mo. 259 ; 152 Mo. 283 ; 156 Mo. 534 ; 157 Mo. 71 : 
158 Mo. 534 ; 159 Mo. 9, 45 ; 160 Mo. 396 ; 161 Mo. 288 ; 166 Mo. 409 ; 168 Mo. 583 ; 169 Mo. 537. 



12 CONSTITUTION OF MISSOURI. [aRT. II 

compel the attendance of witnesses in his behalf; and a speedy, public 
trial by an impartial jury of the county, (q) 

[Same in effect as Const. 1S65, Art. 1. Sec. 18.] 

Sec. 23. Accused not compelled to testify— twice in jeopardy, etc. 
That no person shall be compelled to testify against himself in a criminal 
cause, nor shall any person, after being once acquitted by a jury, be again, 
for the same offense, put in jeopardy of life or liberty; but if the jury 
to which the question of his guilt or innocence is submitted fail to ren- 
der a verdict, the court before which the trial is had may, in its discretion, 
discharge the jury and commit or bail the prisoner for trial at the next 
term of court, or, if the state of business will permit, at the sameterm; 
and if judgment be arrested after a verdict of guilty on a defective indict- 
ment, or if judgment on a verdict of guilty be reversed for error in law, 
nothing herein contained shall prevent a new trial of the prisoner on a 
proper indictment, or according to correct principles of law. (r) 

[Portion of section new. See Const. 1865, Art. 1, Sees. 18 and 19.] 

Sec. 24. Bail, when allowed. — That all persons shall be bailable 
by sufficient sureties, except for capital offenses, when the proof is evi- 
dent or the presumption great, (s) 

[Same as Const. 1865, Art. 1, Sec. 20.] 

Sec. 25. Excessive bail and unusual punishment. — That excessive 
bail shall not be required, nor excessive fines imposed, nor cruel and 
unusual punishment inflicted, (t) 

[Same as Const. 1865, Art. 1, Sec. 21.] 

Sec. 26. Habeas corpus. — That the privilege of the writ of habeas 
corpus shall never be suspended, (n) 

[Const. 1865, Art. 1, Sec. 22, modified.] 

Sec. 27. Military subordinate to civil power. — That the military 
shall always be in strict subordination to the civil po'wer ; that noi soldier 
shall, in time of peace, be quartered in any house without the consent 
of the owner, nor in time of war, except in the manner prescribed by law. 

[Const. 1865, Art. 1, Sec. 32, modified.] 

Sec. 28. Trial by jury inviolate — grand jury — twelve men. — The 

right of trial by jury, as heretifore enjoyed, shall remain inviolate, but 
a jury for the trial of civil and criminal cases in courts not of record, 
may consist of less than twelve men as may be prescribed by law ; and 

(g) Witnesses— right to meet waived, when. 78 Mo. 644. Statement of absent wit- 
ness, application for continuance. 92 Mo. 41 ; 94 Mo. 79, 648. Speedy trial. 71 Mo. 136. 
Accusation must be specific. 88 Mo. 631 ; 99 Mo. 107 ; 100 Mo. 571 ; 109 Mo. 601 ; 110 Mo. 18 ; 
117 Mo. 371 ; 134 Mo. 262 ; 136 Mo. 440 ; 141 Mo. 267 ; 144 Mo. 314. Limitation of argument. 21 
Mo. 257 ; 136 Mo. 74. Hearing of motion for new trial— defendant's presence. 78 Mo. 256 ; 
100 Mo. 347. Process for witness. 91 Mo. 228; 119 Mo. 94. Change of venue. 139 Mo. 199. 
See also 138 Mo. 251 ; 140 Mo. 193 ; 141 Mo. 408 ; 144 Mo. 314 ; 145 Mo. 151 ; 146 JIo. 207 ; 163 Mo. 
457 ; 156 Mo. 204 ; 159 Mo. 668 ; 165 Mo. 399 ; 169 Mo. 665. 

(r) 106 Mo. 602 ; 108 Mo. 666 : 109 Mo. US ; 119 Mo. 495 ; 130 Mo. 489 ; 3 Mo. 414 ; 67 JIn. 
46 ; 7 JIo. 286 ; 19 Mo. 683 : 29 Mo. 330 ; 30 Mo. 385 ; 64 Mo. 376 ; 65 Mo. 497 ; 98 Mo. 555 ; 110 Mu. 
350 ; 139 JIo. 214. Discharge of jury. 45 Mo. 302 ; 47 Mo. 295. Conviction of murder in sec- 
ond degree— no bar for re-trial for mnrder in first degree. 89 Mo. 312 ; 71 Mo. 538 ; 140 Mo. 
193. Burglary and larceny— robbery in first and second degree— re-trial. 75 Mo. 389 ; 57 Mo. 
85 ; 65 Mo. 63. Acquittal for felonious assault— dismissed— bar— nolle i)ros. 26 Mo. 515 ; 80 
Mo. 681 ; 136 Mo. 641. See also 145 Mo. 162 ; 147 Mo. 89 ; 153 Mo. 457 ; 168 Mo. 418. 

(s) 136 SIo. 323 ; 99 Mo. 193. Disagreement of Jury. 59 Mo. 598. Rape. 97 Mo. 504. 

(t) 12 A. 415 ; 77 Mo. 310 ; 96 Mo. 44 ; 121 Mo. 514 ; 144 Mo. S3 ; 157 Mo. 36'0. 

(m) 66 Mo. 545. 



ART. II.] CONSTITUTION OF MISSOURI. I3. 

that a two-thirds majority of such number prescribed by law concurring 
may render a verdict in all civil cases ; and that in the trial by jury of all 
civil cases in courts of record three-fourths of the members of the jury 
concurring may render a verdict. Hereafter a grand jury shall consist 
of twelve man, any nine of whom concurring may find an indictment 
or a true bill : Provided, however. That no grand jury shall be convened 
except upon an order of a judge of a court having the power to try and 
determine felonies ; but when so assembled such grand jury shall have 
power to investigate and return indictments for all character and grades 
of crime, {v) 

[See Const. 1865, Art. 1, See. 17. Section, as amended (two amendments), adopted 
in 1900.] 

, Sec. 29. People, right to assemble and petition. — That the people 
have the right peaceably to assemble for their common good, and to apply 
to those invested with the powers of government for redress of griev- 
ances by petition or remonstrance. 

[Const. 1865, Art. 1, first clause Sec. 8.] 

Sec. 30. Due process of law — ^person. — That no person shall be 
•deprived of life, liberty or property, without due process of law. (w) 

[Const. 1865, Art. 1, Sec. 18. Same in substance as last clause.] 

Sec. 37. Slavery prohibited. — That there cannot be in this State 
either slavery or involuntary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted, (x) 

[Const. 1865, Art. 1, See. 2.] 

Sec. 32. Rights reserved. — The enumeration in this Constitution 
of certain rights shall not be construed to deny, impair or disparage others 
retained by the people. 

[New section.] 

(«) 31 Mo. 496; 35 Mo. 408; HI Mo. 168; 133 Mo. 500; 131 Mo. 321. Section has refer- 
ence to jury trial as it existed at time of adoption of constitution. 136 Mo. 335. Places 
jury witli ali its substantial incidents and consequences at common law beyond the reach 
of legislation. 133 Mo. 600. There Is no constitutional right to a special venire. 134 Mo. 
607. In criminal cases defendant may waive his statutory privileges concerning juries. 
71 Mo. 146. But not his constitutional rights. 66 Mo. 684 ; 68 Mo. 266 ; 41 Mo. 470 ; 71 Mo. 
146. See 30 Mo. 600. Jury may be waived In misdemeanor cases. 15 Mo. 606 ; 24 Mo. 560 ; 
45 Mo. 510 ; 136 Mo. 335. Ke^iord should show waiver. 49 Mo. 268 ; 53 Mo. 432. In courts not 
of record, jury may consist of less than twelve men and unless legislature provide lor it, 
such court need not call a jury. 24 A. 192; 45 A. 551. Section not applicable to habeas 
corpus, or quo warranto proceedings, nor to application for certiorari. 53 Mo. 97. Statute 
authorizing references is constitutional. 66 Mo. 81 ; 138 Mo. 385. Defendant in solre facias 
proceedings on judgment on forfeited recognizance is not entitled to a jury. 124 Mo. 488. 
Sec. 1945, E. S. 1899, constitutional. 120 Mo. 479. St. Louis special jury law. 117 Mo. 570. 
Only grand jury in county in which crime was committed can indict. 72 Mo. 102. See 
also 79 A. 153 ; 94 A. 27 ; 140 Mo. 193 ; 144 Mo. 234 ; 146 Mo. 207 ; 148 Mo. 64, 143, 210 ; 153 Mo. 
91 ; 167 Mo. 371, 667 ; 168 Mo. 167 ; 170 Mo. 240, 310 ; 171 Mo. 84, 96. 

(w) Due process of law— term discussed. 126 Mo. 436. Synonymous with "the law of 
the land." 129 Mo. 163. Does not necessarily mean proceedings according to the course- 
of the common law. 138 Mo. 430. Guaranty of this section is a guaranty of all the ele- 
ments of, and of all that affects, these three rights. 116 Mo. 527 ; 129 Mo. 163. By virtue 
of this section, judgment without notice to defendant is void. 142 Mo. 38. Sec. 6627, E. S. 
1899, cannot legalize sale without notice. 123 Mo. 21. Also U5 Mo. 307; 121 Mo. 298. See 
also 90 A. 621; 138 Mo. 251; 145 Mo. 35; 146 Mo. 460; 151 Mo. 100; 152 Mo. 1; 153 Mo. 633; 
154 Mo. 375 ; 156 Mo. 534 ; 158 Mo. 534 ; 159 Mo. 45 ; 160 Mo. 59 ; 163 Mo. 510 ; 165 Mo. 641 ; 
166 Mo. 207; 167 Mo. 158, 489, 654, 667; 168 Mo. 133, 151; 169 Mo. 376. 

(as) 71 Mo. 645 ; 104 Mo. 466 ; 125 Mo. 364. 



14 CONSTITUTION OF MISSOURI. [ARTS. Ill AND IV 



ARTICLE III. 

THE DISTRIBUTION OF POWERS. 

Three departments of government. — The powers of government 
shall be divided intd three distinct departments — the legislative, executive 
and judicial— each of which shall be confided to a separate magistracy, 
and no person, or collection of persons, charged with the exercise of 
powers properly belonging to one of those departments, shall exercise 
any power belonging to either of the others, except in the instances in this 
Constitution expressly directed or permitted, (y) 

[Same substantially as Const. 1865, Art. 3.] 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Section i. The legislative power, subject to the limitations 
herein contained, shall be vested in a Senate and House of Representa- 
tives, to be styled "The General Assembly of the State of Missouri." (s) 

[Substantially same as Const. 1865, Art. 4, Sec. 1.] 

REPRESENTATION AND APPORTIONMENT. 

Sec. 2. Representatives, apportionment. — The House of Repre- 
sentatives shall consist of members to be chosen every second year by 
the qualified voters- of the several counties, and apportioned in the fol- 
lowing manner: The ratio of representation shall be ascertained at each 
apportioning session of the General Assembly, by dividing the whole 
number of inhabitants of the State, as ascertained by the last decennial 
census of the United States, by the number two hundred. Each county 
having one ratio, or less, shall be entitled to one Representative; each 
county having two and a half times said ratio shall be entitled to two 
Representatives; each county having four times said ratio shall be entitled 
to three Representatives ; each county having six times such ratio shall 

({/) An act of the legislature amounting to a judgment is unconstitutional. 44 Mo. 
570. Tide 50 Mo. 292. Legislature cannot delegate power to people to pass or reject a law 
by general vote. 45 Mo. 458. .Local option law is not a delegation of legislative power. 
% Mo. 44. Nor is a law authorizing a vote on tlie sale of refreshments in St. Louis ou 
Sunday. 95 Mo. 44. Acts concerning towns and the township organization law are not 
delegations of legislative power. 16 Mo. 88; 55 Mo. 295. Attempt by legislature to exer- 
cise the pardoning power of executive. 25 Mo. 291. Legislative divorces are void. 4 Mo. 
120 ; 12 Mo. 498 ; 17 Mo. 590 ; 44 Mo. 232. See also 145 Mo. 466 ; 151 Mo. 362 ; 164 Mo. 56 ; 167 
Mo. 680. 

(z) May pass any law not prohibited by Constitution. 49 Mo, 196 ; 115 Mo. 307. Leg- 
islature cannot delegate its power. 55 Mo. 295. May repeal any statutory enactment. 43 
Mo. 351 ; unless such repeal impairs the obligation of contracts. 42 Mo. 308 ; 88 Mo. 279. 
May restrict any trade or business, unless restrained by constitution. 10 Mo. 591. May 
Interpret such existing laws as do not apply to its own duties. 43 Mo. 410. Its interpreta- 
tion not final. 44 Mo. 491 ; 46 Mo. 376 ; 83 Mo. 488 ; 21 Mo. 549. See 58 Mo. 141 ; 49 Mo. 419 ; 
13 Mo. 400. Cannot abrogate vested rights. 9 Mo. 507 ; 1 Mo. 235 ; 6 Mo. 367 ; 14 Mo. 402 ; 16 
Mo. 68 ; 50 Mo. 34. See also 140 Mo. 282 ; 144 Mo. 413 ; 146 Mo. 543 ; 149 Mo. 104 ; 152 Mo. 1 ; 
153 Mo. 633; 154 Mo. 375; 155 Mo. 524; 157 Mo. 301; 159 Mo. 86, 410, 437; 160 Mo. 59, 218, 333, 
474; 162 Mo. 1; 167 Mo. 471, 680. 



-^Rl'- 1\'-J CONSTITUTION OF MISSOURI. 



15 



be entitled to four Representaives, and so on above that number, giving 
one additional member for every two and a half additional ratios. 

[Const. 1865, Art. 4, Sec. 2, gave one additional member for every three additional 
ratios.] 

Sec. 3. Counties, division of into districts. — When any county 
shall be entitled to more than one Representative, the county court shall 
cause such county to be subdivided into districts of compact and contigu- 
ous territory, corresponding in number to the Representatives to which 
such county is entitled, ancLin population as nearly equal as may be, in 
each of which the qualified voters shall elect one Representative, who shall 
be a resident of such district: Provided, That when any county shall 
be entitled to more than ten Representatives, the circuit court shall cause 
such county to be subdivided into districts, so as to give each district not 
less than two nor more than four Representatives, who shall be residents 
of such district — the population of the districts to be apportioned to the 
number of Representatives to be elected therefrom. 

[Proviso new. Rest same as last part of Const. 1865, Art. 4, Sec. 2.] 

Sec. 4. Representatives — qualifications. — No person shall be a 
member of the House of Representatives who shall not have attained the 
age of twenty-four years, who shall not be a male citizen of the United 
States, who shall not have been a qualified voter of this State two years, 
and an inhabitant of the county or district whichi he may be chosen to 
represent one year next before the day of his election, if such county or 
district shall have been so long established, but if not, then of the county 
or district fromi which the same shall have been taken, and who shall 
not have paid a State and county tax within one year next preceding the 
election. 

[Const. 1865, Art. 4, Sec. 3.] 

Sec. 5. Senators, number — Senatorial districts. — Tbe Senate shall 
consist of thirty-four members, toi be chosen by the qualified voters of 
their respective districts for four years. For the election of Senators the 
State shall be divided into convenient districts, as nearly equal in popula- 
tion' as may be, the same to be ascertained by the last decennial census 
taken by the United States. 

[Substantially same as Const. 1865, Art. 4, Sees. 4 and 6.] 

Sec. 6. Senators, qualifications — counties divided, wrhen. — No per- 
son shall be a Senator who shall not have attained the age of thirty years, 
who shall not be a male citizen of the United States, who shall not have 
been a qualified voter of this state three years, and an inhabitant of the 
district which he may be chosen to represent one year next before the 
day of his election, if such district shall have been so long established, 
but if not, then of the district or districts from which the same shall have 
been taken, and who shall not have paid a State and county tax within one 
year next preceding the election. When any county shall be entitled^ 
to more than, one Senator, the circuit court shall cause such county to be 
subdivided into districts Oif compact and contiguous territory, and of 
population as nearly equal as may be, corresponding in number with the 
Senators to which such county may be entitled ; and in each of these one 
Senator, who shall be a resident of such district, shall be elected by the 
qualified voters thereof. 

[See Const. 1865, Art 4, Sec. 5.] 

Sec 7. Apportionment, rule of. — Senators and Representatives 
shall be chosen according to the rule of apportionment established in this 



l6 CONSTITUTION OF MISSOURI. [ART. IV 

Constitution, until the next decennial census by the United States shall 
liave been taken, and the result thereof as to this State ascertained, when 
the apportionment shall be revised and adjusted on the basis of that cen- 
sus, and every ten years thereafter upon the basis of the United States 
census ; or if such census be not taken, or is delayed, then on the basis 
■of a State census ; such apportionment to be made at the first session of 
the General Assembly after each census : Provided, That if at any time, 
or from any cause, the General Assembly shall fail or refuse to district 
the State for Senators, as required in this section, it shall be the duty of 
the Governor, Secretary of State and Attorney-General, within thirty 
■days afer the adjournment of the General Assembly on which such duty 
devolved, to perform said duty, and to file in the office of the Secretary 
of State a full statement of the districts formed by them, including the 
names of the counties embraced in each district, and the numbers thereof ; 
said statement to be signed by them, and attested by the Great Seal of 
the State, and upon the proclamation of the Governor, the same shall be 
as binding and effectual as if done by the General Assembly. 

[The proviso and the two preceding clauses are new. Const. 1865, Art. 4, Sec. 7.] 

Sec. 8. Representatives, number of until apportionment. — Until 
an apportionment of Representatives can be made in accordance with 
the provisions of this article, the House of Representatives shall consist 
one hundred and forty-three members, which shall be divided among 
the several counties of the State as follows : The county of St. Louis shall 
have seventeen; the county of Jackson four; the county of Buchanan 
three ; the counties of Franklin, Greene, Johnson, Lafayette, Macon, Ma- 
rion, Pike and Saline, each two, and each of the other counties in the 
State one. 

fNew section.] 

[Apportionment made as authorized by this section by act approved March 12th, 
1901. See laws 1901.] 

Sec. 9. Districts, alteration, contiguity. — Senatorial and Repre- 
sentative districts may be altered, from! time tO' time, as public conven- 
ience may require. When any Senatorial district shall be composed of 
two or more counties, they shall be contiguous ; such district to be as 
compact as may be, and in the formation of the same no county shall 
be divided. 

["Such districts to be compact," etc., is new. Const. 1865, Art. 4,^ Sec. S.] 

Sec. id. Senators and Representatives, when elected. — The first 
election of Senators and Representatives, under this Constitution, shall 
"be held at the general election in the year one thousand eight hundred 
and seventy-six, when the whole number of Representatives, and the 
Senators from the districts having odd numbers, who shall compose the 
first class, shall be chosen; and in one thousand eight hundred and sev- 
enty-eight, the Senators from the districts having even numbers, who shall 
compose the second class, and so on at each succeeding general election, 
half the Senators provided for by this Constitution shall be chosen. 

[Const. 1865, Art. 4, Sees. 9 and 10.] 

Sec. II. Senatorial districts. — Until the State shall be divided 
into Senatorial districts, in accordance with the provisions of this article, 
said districts shall be constituted and numbered as follows : 

The first district shall be composed of the counties of Andrew, Holt, 
Nodaway and Atchison. 



ART. IV. J CONSTITUTION OF MISSOURI. ' 17 

Secondi District— The counties of Buchanan, DeKalb, Gentry and 
Worth. 

Third District— The counties of Clay, Clinton and Platte. 
Fourth District— The counties of Caldwell, Ray, Daviess and Har- 
rison. 

Fifth District — The counties of Livingston, Grundy, Mercer and 
Carroll. 

Sixth District— The counties of Linn, Sullivan, Putnam and Chari- 
ton. 

Seventh District — The counties of Randolph, Howard and Monroe. 

Eighth District — The counties of Adair, Macon and Schuyler. 

Ninth District — The counties of Audrain, Boone and Callaway. 

Tenth District— The counties of St. Charles and Warren. 

Eleventh District — The counties of Pike, Lincoln and Montgomery. 

Twelfth District — The counties of Lewis, Clark, Scotland and Knox. 

Thirteenth District— The counties of Marion, Shelby and Ralls. 

Fourteenth District — The counties of Bates, Cass and Henry. 

Fifteenth District — The county of Jackson. 

Sixteenth District — The counties of Vernon, Barton, Jasper, New- 
ton and McDonald. 

Seventeenth District — The counties o^f Lafayette and Johnson. 

Eighteenth District — The counties of Greene, Lawirence, Barry, Stone 
and Christian. 

Nineteenth District — The counties of Saline, Pettis and Benton. 

Twentieth District — The counties of Polk, Hickory, Dallas, Dade, 
Cedar and St. Clair. 

Twenty-first District — The counties of Laclede, Webster, Wright, 
Texas, Douglas, Taney, Ozark and Howell. 

Twenty-second District — The counties of Phelps, Miller, Maries, 
Camden, Pulaski, Crawford and Dent. 

Twenty-third District — The counties of Cape Girardeau, Mississippi, 
New Madrid, Pemiscot, Dunklin, Stoddard and Scott. 

Twenty-fourth District — -The counties of Iron, Madison, Bollinger, 
Wayne, Butler, Reynolds, Carter, Ripley, Oregon and Shannon. 

Twenty-fifth District — The counties of Franklin, Gasconade and 
Osage. 

Twenty-sixth District— The counties of Washington, Jefferson, St. 
Francois, Ste. Genevieve and Perry. 

Twenty-eighth District — The counties of Cooper, Moniteau, Morgan 
and Cole. 

St. Louis county shall be divided into seven districts, numbered re- 
spectively as follows : 

Twenty-seventh, Twenty-ninth, Thirtiethi, Thirty-first, Thirty-second, 
Thirty-third and Thirty-fourth. 

[The Forty-flrst General Assembly having adjourned without redlstricting the State 
into Senatorial districts, that duty devolved upon the Governor, Secretary of State and 
Attorney-General by the Constitution (section 7, article IV) , and they accordingly, on the 
6tli day of April, 1901, performed that duty, and divided the State into Senatorial dis- 
tricts, as follows : 

First — The counties of Atchison, Gentry, Nodaway and Worth. 
Second — Buchanan . 

Third — Andrew, Clay, Clinton, DeKalb, Holt and Ratte. 
Fourth — Grundy, Harrison, Livingston, Mercer and Putnam. 

0-2 



l8 CONSTITUTION OF MISSOURI. [ART. IV 

Fifth and Seventh — ^Jackson. 

Sixth — Chariton, Linn and Sullivan. 

Eighth^-CaldweW, Carroll, Daviess and Ray. 

Ninth^Adair, Macon- and Shelby. ^ ^, , , „, ^^„ 

Tenth— Boone, Callaway, Montgomery, St. Charles and Wairen. 

Eleventh — Audrain, Lincoln and Pike. 

Twelfth— Chvk, Knox, Lewis, Scotland and Schuyler. 

Thirteenth— Marion, Monroe, Ralls and Randolph. 

Fourteenth— Camden, Cooper, Howard, Moniteau and Morgan. 

Fifteenth^-Benton, Hickory, Pettis and Saline. 

Sixteenth — Bates, Cedar, Henry and St. Clair. 

Seventeenth — Cass, Johnson and Lafayette. 

Eighteenths-Barry, "Lawrence, McDonald and Newton. 

Nineteenth^ChrisMan, Dallas, Douglas, Ozark, Polk, Stone, Taney 
and Webster. 

Twentieth — Barton, Dade, Greene and Vernon. 

r7t'm^3i-^«f— Bollinger, Butler, Cape Girardeau, Carter, Dunklin, 
Ripley and Wayne. 

Twenty-second — Howell, Oregon, Shannon, Texas and Wright. 

Twenty-third — Mississippi, New Madrid, Pemiscot, Scott and Stod- 
dard. 

Twenty-fourths— CraYiiord, Dent, Iron, Phelps, Reynolds and' Wash- 
ington. 

Twenty-Ufth — Franklin, Gasconade and St. Louis. 

Twenty-sixth — Jefferson, Madison, Perry, St. Francois and Ste. 
Genevieve. 

Twenty-seventh — Cole, Laclede, Maries, Miller, Osage and Pulaski. 

Twenty-eighth — Jasper. 

[Tzuenty-ninthj Thirtieth, Thirty-ftrst, Thirty-second, Thirty -third 
and Thirty-fourth — City of St. Louis.] 

Sec. 12. Members of General Assembly cannot hold other offices. 
No Senator or Representative shall, during the term for which he shall 
have been elected, be appointed to any office under this State, or any 
municipality thereof : and no membei- of Congress or person holding any 
lucrative office under the United States, or this State, or an_y municipal- 
ity thereof (militia officers, justices of the peace and notaries public ex- 
cepted), shall be eligible to either house of the General Assembly, or 
remain a member thereof, after having accepted any such office or seat in 
either house of Congress, (a) 

[First clause is new ; also the word "municipality." Const. 1S65, Art. 4, Sec. 11.] 

Sec. 13. Office vacated by removal. — If any Senator or Repre- 
sentative remove his residence from the district or county for which he 
was elected, his office shall thereby be vacated. 

[Same as Const. 1865, Art. 4, Sec. 13.] 

Sec. 14. Election .to fill vacancy. — Writs of election to fill such 
vacancies as may occur in either house of the General Assembly shall be 
issued by the Governor. 

[Same as Const. 1865, Art. 4, Sec. 14.] 

Sec. 1 5. Oath of office, where administered, violation of. — Every 
Senator and Representative-elect, before entering upon the duties of his 
office, shall take and subscribe the following oath or affirmation. : "I do 
solemnly swear, or affirm, that I will support the Constitution of the 

(o) When circuit judge is elected, qualifies and takes his seat in Legislature, the 
office of judge Is vacated and he cannot draw salary as judge thereafter. 45 Mo. 355. 
Legislator holding other offices. 41 Mo. 29; 135 Mo. 325. 



ART. IV.] CONSTITUTION OF MISSOURI. 19 

United States and of the State of Missouri, and faithfully perform the 
duties of my office; and that I will not knowingly receive, directly or 
indirectly, any money or other valuable thing for the performance or non- 
performance of any act or duty pertaining to my office, other than the 
compensation allowed by law." The oath shall be administered in the 
halls of their respective houses, to the members thereof, by some judge of 
the Supreme Court, or the circuit court, or the county court of Cole 
county, or after the organization, by the presiding officer of either house, 
and shall be filed in the office of the Secretary of State. Any member of 
either house refusing to take said oath or affirmation shall be deemed to 
have thereby vacated his office, and any member convicted oi having vio- 
lated his oath or affirmation shall be deemed guilty of perjury, and be 
forever thereafter disqualified from^ holding any office of trust or profit 
in this State. 

[New section.] 

Sec. i6. Members, compesation of. — The members of the Gen- 
eral Assembly shall severally receive from the public treasury such 
compensation for their services as may, from time to time, be provided 
by law, not to exceed five dollars per day for the first seventy days 
of each session, and after that not to exceed one dollar per day for the 
remainder of the session, except the first ses'sion held under this 
Constitution, and during revising sessions, when they may receive five 
dollars per day for one hundred and twenty days, and one dollar per 
day for the remainder of such sessions. In addition to per diem, the 
mieiTibers shall be entitled to receive traveling expenses or mileage; for 
any regular and extra session not greater than now provided by law; 
but no member shall be entitled to traveling expenses or mileage for 
any extra session that may be called within one day after an adjourn- 
ment of a regular session. Committees of either house, or joint com- 
mittees of both houses, appointed to examine - the institutions of the 
State, other than those at the seat of government, may receive their actual 
expenses, necessarily incurred while in the performance of such duty; 
the items of such expenses to be returned to the chairman of such com- 
mittee, and by him certified to the State Auditor, before the same, or 
any part thereof, can be paid. Each member may receive at each regular 
session an additional sum of thirty dollars, which shall be in full for all 
stationery used in his official capacity, and all postage, and all other inci- 
dental expenses and perquisites ; and no allowance or emoluments, for 
any purpose whatever, shall be made to or received by the members, or 
any member of either house, or for their use, out of the contingent fund 
or otherwise, except as herein expressly provided ; and no allowance or 
emolument, for any purpose whatever, shall ever be paid to any officer, 
agent, servant or employe of either house of the General Assembly or of 
\\\\H\i any committee thereof, except such per diem as may be provided for 
by law, not to exceed five dollars. 

[New section except the proTlslon preceding the words "not to exceed five dollars 
per day." Const. 1865, Art. 4, Sec. 17.] 

Sec. 17. Organization and general rules. — Each house shall ap- 
point its own officers ; shall be sole judge of the qualifications, election 
and returns of its own members; may determine the rules of its own 
proceedings, except as herein provided; may arrest and punish by fine 
not exceeding three hiindfed dollars, or imprisonment in a county jail 
not exceeding ten. days, or both, any person, not a member, who shall 
be guilty of disrespect to the house by any disorderly or contemptuous 



20 CONSTITUTION OF MISSOURI. [aRT. IV 

behavior in its presence during its sessions ; may punish its members 
for disorderly conduct, and, with the concurrence of two-thirds of all 
members elect, inay expel a member ;' but no member shall be expelled 
a second time for the same cause, (b) 

[Substantially same .is Const. 1865, Art. 4, Sec. 19.] 

Sec. i8. Majority a quorum, absent memhers. — A majority of the 
whole number of membei's of each house shall constitute a quorum to 
do business; but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members in such manner and 
under such penalties as each house may provide. 

[Const. 1S66, Art. 4, Sec. IS.] 

Sec. 19. Sessions must be public. — The sessions of each house 
shall be held wiith open doors, except in cases which may require secrecy. 

[Const. 1865, Art. 4, Sec. 21.] 

Sec. 20. Time of meeting — biennial terms. — The General Assem- 
bly elected in the year one thousand eight hundred and seventy-six shall 
meet on the first Wednesday after the first day of January, one thousand 
eight hundred and seventy— seven ; and thereafter the General Assem- 
bly shall meet in regular session once only in every two years ; and such 
meeting shall be on the first Wednesday after the first day of January 
next after the elections of the members thereof. 

[The word "only," i:)receding the words "in every two years," is not in the Const, 
of 1865, Art. 4, Sec. 35.] 

Sec. 21. Shall not adjourn for more than three days. — Every 
adjournment or recess taken by the General Assembly for more than 
three days shall have the effect of and be an adjournment sine die. 

[New section.] 

Sec. 22. Adjournment for three days or less. — Ever}- adjourn- 
ment or recess taken by the General Assembly for three days or less 
shall be construed as not interrupting the session at which they are had 
or taken, but as continuing the session for all the purposes mentioned 
in section, sixteen of this article. 

[New section.] 

Sec. 23. Adjournment by consent. — Neither house shall, without 
the consent of the other, adjourn for more than two days at any one 
time, nor to any other place than that in which the two houses may be 
sitting. 

[Const. 1865, Art. 4, Sec. 22.] 

LEGISLATIVE PROCEEDINGS. 

Sec. 24. The style of the laws of this State shall be: "Be it en- 
acted by the General Assembly of the State of Missouri, as follows-" 
(c) 

[Const. 1865, Art. 4, Sec. 26.] 

Sec. 25. Laws passed by bills, extent of amendments. — No law 

shall be passed except by bill, and no bill shall be so amended in its pas- 
sage through either house as to change its- original purpose, (cc) 

[New section.] 

(6) Contempt, General Assembly. 69 A. 637. 

(c) An act ralid without enacting clause, and so in regard to enacting clause of 
city ordinance. 62 Mo. 513, 424. See also 155 Mo. 486. 
(cc) 155 Mo. 486. 



ART. IV.] CONSTITUTTON OF illSSOURI. 21 

Sec. 26. Origin of bills— must be read on three days.— Bills may 
originate in either house, and may be amended or rejected by the other ; 
and every bill shall be read on three different days in each house. 

[See Const. 1865, Art. 4, Sec. 23.] 

Sec. 27. Bills must be reported and printed. — No bill shall be 
considered for final passage unless the same has been reported upon 
by a committee and printed for the use of the members. 

[New section.] 

Sec. 28, Bills must contain but one subject— title.— No bill (ex- 
cept general appropriation bills, which may embrace the various sub- 
jects and accounts for and on account of which moneys are appro- 
priated, and except bills passed under the third subdivision of section 
forty-four of this article) shall contain more than one subject, which 
shall be clearly expressed in its title, (d) 

[See Const. 1865, Art. 4, Sec. 32.] 

Sec. 29 Amendments to be incorporated in bill and printed. — ■ 

All amendments adopted by either house to a bill pending and originat- 
ing in the same shall be incorporated with the bill by engrossment, and 
the bill as thus engrossed shall be printed for the use of the members 
before its final passage. The engrossing and printing shall be under the 
supervision of a committee, whose report to the house shall set forth, 
in writing, that they find the bill truly engrossed, and that the printed 
copy furnished to the members is correct. 

[New section.] 

Sec. 30. Bill passed in one house, amended in the other, to be 
returned. — If a bill passed by either house be returned thereto, 
amended by the other, the house to which the same is returned shall 
cause the amendment or amendments so received to be printed under 
the same supervision as provided in the next preceding section, for the 
use of the members before final action on such amendments, (e) 

[New section.] 

Sec. 31. Bill, final vote on, yeas and nays. — No bill shall become 
a law, unless on its final passage the vote be taken by yeas and nays, 
the names of the members voting for and against the same be entered 
on the journal, and a majority of the members elected to each house 
be recorded thereon as voting in its favor, (ce) 

[Same in substance as Const. 1865, Art. 4, Sec. 24.] 

Sec. 32. Amendments and reports. — No amendment to bills by 
one house shall be concurred in by the other, except by a vote of a 
majority of the members elected thereto, taken by yeas and nays, and 
the names of those voting for and against recorded upon the journal 
thereof; and reports of committees of conference shall be adopted in 

(d) Section must be reasonably construed. 70 Mo. 562; 69 Mo. 571 ; 70 Mo. 625 ; 73 Mo. 
78; 74 Mo. 310; 102 Mo. 531, 356. See 131 Mo. 612; 41 Mo. 39; 76 Mo. 346. Object ol provision. 
42 Mo. 578 ; 45 Mo. 495,. 528 ; 134 Mo. 10. What constitutes proper title. 130 Mo. 600 ; 100 Mo. 
439 ; 88 Mo. 88 ; 129 Mo. 482 ; 128 Mo. 427 ; 119 Mo. 163 ; 120 Mo. 1 ; 115 Mo. 271, 424 ; 75 Mo. 358 ; 
107 Mo. 1; 104 Mo. 459. Title, "Crimes and Criminal Procedure," is sufficient. 109 Mo. 
434. When act will not be rendered invalid. 93 Mo. 467 ; 71 Mo. 266 ; 75 Mo. 358 ; 74 Mo. 310 ; 
8 A. 341; 45 Mo. 495, 528; 135 Mo. 112, 309; 136 Mo. 335. See also 138 Mo. 430; 141 Mo. 497; 
152 Mo. 1 ; 155 Mo. 486 ; 160 Mo, 59 ; 162 Mo. 1 ; 164 JIo. 221 ; 170 Mo. 81 ; 171 Mo. 634 ; 172 
Mo. 237" 

(e) 119 Mo. 593. 
(ee) 155 Mo. 486. 



22 



CONSTITUTION OF MISSOURI. [ART. I\ 



either house only by the vote of a majority of the members electee 
thereto, taken by yeas and nays, and the names of those votmg recordec 
upon the journal. 

TNew section.! 

Sec. 33. Act revived or re-enacted, how.— No act shall be revivec 
or re-enacted by mere reference to the title thereof, but the same shal 
be set forth at length, as if it were an original act. (f) 

[Same as Const. 1865, Art. 4, Sec. 25.] 

Sec. 34. Act amended, how.— No act shall be amended by provid- 
ing that designated words thereof be stricken out, or that designatec 
words be inserted, or that designated words be stricken out and others 
inserted in lieu thereof ; but the words to be stricken out, or the words 
to be inserted, or the words to be stricken out and those inserted in liet 
thereof, together with the act or section amended, shall be set forth ir 
full as amended, (g) 

[Const. 1865, Art. 4, Sec. 25.] 

Sec. 35. Motion to reconsider — bill on final passage. — When £ 
bill is put upon its final passage in either house, and failing to pass, i 
motion is made to reconsider the vote by which it was defeated, the vot( 
upon such motion to reconsider shall be immediately taken, and the sub 
iect finally disposed of before the house proceeds to any other business. 

[New section.] 

Sec. 36. Laws take effect when. — No law passed by the Genera 
Assembly, except the general appropriation act, shall take effect or gc 
into force until ninety days after the adjournment of the session at whicl 
it was enacted, unless in case of an emergency (which emergency mus 
be expressed in the preamble or in the body of the act) , the General As 
sembly shall, by a vote of two-thirds of all the members elected to eacl 
house, otherwise direct; said vote to be taken by yeas and nays, and en 
tered upon the journal, (h) 

[New section.] 

Sec. 37. Bills signed by presiding officers. — No bill shall become 
a law until the same shall have been signed by the presiding officer o 
each of the two houses in open session; and before such officer sTial 
affix his signature to any bill, he shall suspend all other business, declare 
that such bill will now be read, and that, if no objections be made, he wil 
sign the same to the end that it may become a law. The bill shall tliei 
be read at lenigth, and if no objection be made, he shall, in presence of thi 
house, in open' session, and before any other business is entertained, affi: 
his signature, which fact shall be noted on the journal, and the bill imme 
diately sent to the other house. When it reaches the other house, thi 
presiding officer thereof shall immediately suspend all other business, an 
nounce the reception of the bill, and the same proceedings shall thereupo) 
be observed, in every respect, as in the house in which it was first signed 
If in either house any member shall object that any substitution, omissioi 
or insertion has occurred, so that the bill proposed to be signed is not th 

(f) Proper reference to title. 8 A. 341; 96 Mo. 602; 102 Mo. 356; 47 Mo. 29; 46 Mo. 281 
Also, 58 Mo. 66. 

(g) Where part of an act is amended, the amended part only need be set out. ■ 
Mo. 288; 47 Mo. 29, 35; 70 Mo. 625; 92 Mo. 325; 96 Mo. 602. See 65 Mo. 306; 98 Mo. "374 ; 1( 
Mo. 439; 102 Mo. 356; 136 Mo. 423; 137 Mo. 297; 8.4 A. 555; 144 Mo. 275; 154 Mo. 434; 1! 
Mo. 233 ; 160 Mo. 107 ; 163 Mo. 661 ; 165 Mo. 671 ; 167 Mo. 471 ; 168 Mo. 356. 

(7() Revised laws take effect according to terms of declaratory act. 14 A. 91. 



ART. IV. J CONSTITUTION OF ^[ISSOURI. 23 

same in s^lbstance and form as when considered and passed by the house, 
or that a.ny_ particular clause of this article of the Constitution has been 
violated in its passage, such objection shall be passed upon by the house, 
and if sustained, the presiding officer shall withhold his signature ; but if 
such objection shall not be sustained, then any five members may embody 
the same, over their signatures, in a written protest, under oath, against 
the signing of the bill. Said protest, when offered in the house, shall be, 
noted upon the journal, and the original shall be annexed to the bill to be 
considered by the Governor in connection therewith, (i) 

[New section. See Art. 5, Sec. 12.] 

Sec. 38. Bills, approval of Governor. — When the bill has been 
signed, as provided for in the preceding section, it shall be the duty of the 
Secretary of the Senate, if the bill originated in the Senate, and of the 
Chief Clerk of the House of Represientatives, if the bill originated in the 
House, to present the same in person, on the same day on which it was 
signed as aforesaid, to the Governor, and enter the fact upon the journal. 
Every bill presented to the Governor, and returned within ten days to the 
house in which the same originated, with the approval of the Governor, 
shall become a law, unless it be in violation of some provision of this 
Constitution. (/) 

[New section. See Art. 5, Sec. 12.] 

Sec. 39. Bills returned without approval. — ^Every bill presented 
as aforesaid, but returned without the approval of the Governor and 
with his objection thereto, shall stand as reconsidered in the house to 
which it is returned. The house shall cause the objections of the Gov- 
ernor to be entered at large upon the journal, and proceed, at its conveni- 
ence, to consider the question pending, which shall be in this form : "Shall 
the bill pass, the objections of the Governor thereto nothiwithstanding?" 
The vote upon this question shall be taken by yeas and nays, and the 
names entered upon the journal, and if two-thirds of all the members 
elected to the house vote in the affirmative, the presiding officer of that 
house shall certify that fact on the roll, attesting the same by his signa- 
ture, and send the bill, with the objections of the Governor, to the other 
house, in which like proceedings shall be had in relation thereto, and if 
the bill receive a like majority of the votes of all the members elected to 
that house, the vote being taken by yeas and nays, the presiding officer 
thereof shall, in like manner, certify the fact upon the bill. The bill thus 
certified shall be deposited in the office of the Secretary of State, as an 
authentic act, and shall become a law in the same manner and with like 
effect as if it had received the approval of the Go\'ernor. 

[See Const. 1865, Art. 5, Sec. 9.] 

Sec. 40. Failure of Governor to approve or return bill — proceed- 
ings. — Whenever the Governor shall fail to perform his duty, as pre- 
scribed in section 12, Article V of this Constitution, in relation to any 
bill presented to him for his approval, the General Assembly may, by 
joint resolution, reciting the fact of such failure and the bill at length, di- 
rect the Secretary of State to enroll the same as an authentic act, in the 
archives of the State, and such enrollment shall have the same effect as 
an approval by the Governor : Provided, That such joint resolution shall 
not be submitted to the Governor for his approval. 

[New section.] 

(i) 71 Mo. 266 ; 72 A. 618 ; 151 Mo. 362 ; 155 Mo. 486. 
.(/) 71 Mo. 266, 392 ; 10 A. 467. 



24 



CONSTITUTION OF MISSOURI. [aRT. IV 



Sec. ^ I. Laws— revision of.— Within five years after tlie adoption 
of this Constitution, all the statute laws of a general nature, both civil 
and criminal, shall be revised, digested and promulgated in such manner 
as the General Assemblv shall direct : and a like revision, digest and pro- 
mulgation shall be made at the expiration of every subsequent period of 
ten years, (k) 

[New section.] 

Sec. 42. Journal of each house published— yeas and nays noted. 

Each house shall, from time to time, publish a journal of its proceedmgs 
and the yeas and navs on any question shall be taken and entered on 
the journal at the motion of any two members. Whenever the yeas and 
navs are demanded, the whole list of members shall be called, and the 
names of the absentees shall be noted and published in the journal. 

[See Const. 1863, Art. 4, Sec. 20.] 

LIMITATION ON LEGISLATIVE POWER. 

Sec. 43. Appropriations, order of.— All revenue collected and 
moneys receivel by the State from any source whatsoever shall go into 
the treasury, and the General Assembly shall have no power to divert the 
same, or to permit money to be drawn from the treasury, except in pur- 
suance of regular appropriations made by law. All appropriations of 
money by the successive General Assemblies shall be made in the fallow- 
ing order : 

First, For the payment of all interest upon the bonded debt of the 
State that may become due during the term' for which each General As- 
sembly is elected. 

Second, For the benefit of the sinking fund, which shall not be less 
annually than two hundred and fifty thousand! dollars. 

Third, For free public school purposes. 

Fourth, For the payment of the cost of assessing and collecting the 
revenue. 

Fifth, For the payment of the civil list. 

Sixth, For the support of the eleemosynary institutions of the State. 

Seventh, For the pay of the General Assembly, and such other pur- 
poses not herein prohibited as it may deem necessary ; but no General As- 
sembly shall have power to make any appropriation of money for any pur- 
pose whatsoever, until the respective sums necessary for the purposes in 
this section specified have been set apart and appropriated, or to give pri- 
ority in its action to a succeeding over a oreceding item as above enumer- 
ated. (0 

[New section. See Const. 1865, Art. 11, Sec. 6.] 

Sec. 44. General Assembly not to contract debts except as herein. 
The General Assembly shall have no power toi contract or to authorize 
the contracting of any debt or liability on behalf of the State, or to issue 
bonds or other evidence of indebtedness thereof, except in the follow- 
ing cases : 

First, In renewal of existing bonds, when they cannot be paid at 
maturity, out of the sinking fund or other resources. 

Second, On the occurring of an unforeseen emergency, or casual defi- 
ciency of the revenue, when the temporary liability incurred, upon the 

(k) 134 Mo. 10. 

(Z) 64 Mo. 526; 160 Mo. 190, 218. 



ART. IV.] CONSTITUTION OF .AIISSOUEI. 25 

recommendation of the Governor first had, shall not exceed the sum of 
two hundred and fifty thousand dollars for any one year, to be paid in 
not more than two years from and after its creation. 

Third, On the occurring of any unforeseen emergency, or casual de- 
ficiency of the revenue, when the temporary liability incurred or to be 
incurred shall exceed the sum of two hundred and fifty thousand dollars 
for any one year, the General Assembly may submit an act providing for 
the loan, or for the contracting of the liabilit)', and containing a provision 
for levying a tax sufficient to pay the interest and principal when they be- 
come due (the latter in not more than thirteen years from the date of its 
creation), to the qualified voters of the State, and when the act so sub- 
mitted shall have been ratified by a two-thirds majority, at an election 
held for that purpose, due publication having been made of the provisions 
of the act for at least three months before such election, the act thus rati- 
fied shall be irrepealable until the debt thereby incurred shall be paid, 
principal and interest. 

r.New section.] 

Sec. 45. State's credit not to be loaned. — The General Assembly 
shall have no power to give or to lend, or to authorize the giving or 
lending of the credit of the State in aid of or to any person, association or 
corporation, whether municipal or other, or to pledge the credit of the 
State in any manner whatsoever, for the payment of the liabilities, pres- 
ent or prospective, of any individual, association of individuals, municipal 
or other corporation whatsoever : Provided, That the General Assembly 
shall have the power to appropriate from funds in the State sinking fund, 
being the proceeds of the tax authorized under section 14 of article X of 
the Constitution^, to an amount not exceeding one million dollars for the 
exhibition of the resources, products and industries of the State in the 
.centennial celebration of the Louisiana purchase in the city of St. 
Louis, (m) 

[Const. 1865, Art. 11, Sec. 13, modified. Section, as amended, adpoted in 1900.] 

Sec. 46. Public money, grant of prohibited. — The General As- 
sembly shall have no power to make any grant, or to authorize the mak- 
ing of any grant of public money or thing of value to any individual, asso- 
ciation of individuals, municipal or other corporation whatsoever : Pra- 
vided, That this shall not be so construed as to prevent the grant of aid 
in a case of public calamity. («.) 

[New section.] 

Sec. 47. Municipalities, loaning credit of. — The General Assem- 
bly shall have no power to authorize any county, city, town or town- 
ship, or other political corporation or subdivision oi the State now exist- 
ing, or that may be hereafter established, to lend its credit, or to grant 
public money or thing of value in aid of or to any individual, association 
or corporation whatsoever, or to become a stockholder in such corpora- 
tion, association or company : Provided, That this shall not be so con- 
strued as to prohibit the General Assembly from providing by law for 
authorizing the creation, maintenance and management of a fund for the 
pensioning of crippled and disabled firemen, and for the relief of the wid- 
ows and minor children of deceased firemen, by such cities, villages or 
incorporated towns as may have an organized fire department — said fund 

(m) 85 Mo. 41 ; 37 Mo. 135 ; 55 Mo. 497. 

in) 123 Mo. 424; 85 Mo. 41; 142 Mo. 575; 143 Mo. 287; 172 Mo. 237. 



26 CONSTITUTION OF MISSOURI. [aRT. IV 

to be taken from the municipal revenue of such cities, villages or incor- 
porated towns, (o) 

[Const. 1865, Art. 11, Sec. 14, modified. Proviso adopted 1892.] 

Sec. 48. Public officers, agents, etc., extra pay prohibited.— The 

General Assembly shall have no power to grant, or to authorize any 
county or municipal authority to grant any extra compensation, fee or al- 
lowance to a public officer, agent, servant or contractor, after service has 
been rendered or a contract has been entered into and performed in whole 
or in part, nor pay nor authorize the payment of any claim hereafter 
created against the State, or any county or municipality of the State, un- 
der any agreement or contract made without express authority of law; 
and all such unauthorized agreements or contracts shall be null and void. 

[New section.] 

Sec. 49. State subscriptions prohibited. — The General Assembly 
shall have no power hereafter to subscribe or authorize the subscription 
of stock on behalf of the State, in any corporation or association, except 
for the purpose of securing loans heretofore extended to certain railroad 
corporations by the State. 

[Const. 1865, Art. 11, Sec. 13.] 

Sec. 50. Liens on railroads, not to be released. — The General As- 
sembly shall have no power to release or alienate the lien held by the 
State upon any railroad, or in anywise change the tenor or meaning, or 
pass any act explanatory thereof; but the same shall be enforced in ac- 
cordance with the original terms upon which it was acquired, (p) 

IVide Const. 1865, Art. U, Sec. 15.] 

Sec. 51.- Corporation debts, release prohibited. — The General As- 
sembly shall have no power to release or extinguish, or authorize the 
releasing or extinguishing, in whole or in part, the indebtedness, lia- 
bility or obligation of any corporation or individual to this State, or to any 
county or other municipal corporation therein. 

[New section.] 

Sec. 52. War debt, payment of. — The General Assembly shall 
have no power to make any appropriation of money, or to issue any bond's 
or other evidences of indebtedness for the payment, or on account or in 
recognition of any claims audited or that may hereafter be audited by vir- 
tue of an act entitled "An act to audit and adjust the war debt of the 
State," approved March 19, 1874, or any act of a similar nature, until 
after the claims so audited shall have been presented to and paid by the 
Goy'ernment of the United States to the State of Missouri. 

[New section.] 

Sec. 53. Special and local laws prohibited. — The General Assem- 
bly shall not pass any local or special law : 

Authorizing the creation, extension or impairing of liens : 

Regulating the affairs of counties, cities, townships, wards or school 
districts : 

Changing the names of persons or places. 
. Changing the venue in civil or criminal cases. 

(0) Legislature cannot autliorize townships to subscribe to stock of railroad com- 
panies. 67 Mo. 353 ; 85 Mo. 41 ; 107 Mo. 464 ; 68 Mo. 175 ; 57 Mo. 178 ; 55 Mo. 497 ; 44 Mo. 504 ; 
51 Mo. 483, 522. Does not apply where town loans its credit for public school purposes. 
144 Mo. 275, 283. See 169 Mo. 31; 172 Mo. 237. 

(p) 74 Mo. 335. 



ART. IV.] CONSTITUTION OF MISSOURI. 2/ 

Authorizing the laying out, opening, altering or maintaining roads, 
highways, streets or alleys: 

_ Relating to ferries or bridges, or incorporating ferry or bridge com- 
panies, except for the erection of bridges crossing streams which form' 
boundaries between this and any other State: 
Vacating roads, town plats, streets or alleys : 

Relating to cemteries, grave-yards or public grounds not of the 
State : 

Authorizing the adoption or legitimation of children : 
Locating or changing county seats: 

Incorporating cities, towns or villages, or changing their charters : 
For the opening and conducting of elections, or fixing or changing 
the places of voting: 
Granting divorces: 

Erecting new townships, or changing township lines, or the lines of 
school districts: 

Creating offices, or prescribing the powers and duties of officers in 
counties, cities, townships, election or school districts: 
Changing the law of descent or succession : 

Regulating the practice or jurisdiction of, or changing the rules of 
evidence in any judicial proceeding or inquiry before courts, justices of 
the peace, sheriffs, commissioners, arbitrators or other tribunals, or pro- 
viding or changing methods for the collection of debts, or the enforce- 
ing of judgments, or prescribing the effect of judicial sales of real 
estate : 

Regulating the fees or extending the powers and duties of aldermen, 
justices of the peace, magistrates or constables : 

Regulating the management of public schools, the building or repair- 
ing of school-houses, and the raising of money for such purposes : 
Fixing the rate of interest: 

Affecting the estates of minors or persons under disability : 
Remitting fines, penalties and' forfeitures, or refunding moneys legal- 
ly paid into the treasury: 

Exempting property from taxation: 
Regulating- labor, trade, mining or manufacturing: 
Creating corporations, or amending, renewing, extending or explain- 
ing the charter thereof : 

Granting to any corporation, association or individual any special or 
exclusive right, privilege or immunity, or to any corporation, association 
or individual the right to lay down a railroad track : 
Declaring any named person of age: 

Extending the time for the assessment or collection of taxes, or 
otherwise relieving any assessor or collector of taxes from the due per- 
formance of their official duties, or their securities from liability : 
Giving effect to informal or invalid wills or deeds : 
Summoning or empaneling grand or petit juries: 
For limitation of civil actions : 

Legalizing the unauthorized or invalid acts of any officer or agent of 
the State, or of any county or municipality thereof. In all other cases 
where a general law can be made applicable, no local or special law shall 
be enacted ; and whether a general law could have been made applicable 
in any case is hereby declared a judicial question, and as such shall be 
judicially determined without regard to any legislative assertion on that 
subject: 



28 CONSTITUTION OF MISSOURI. [ART. V 

Nor shall the General Assembly indirectly enact such special or local 
law by the partial repeal of a general law; but laws repealing local or spe- 
cial acts may be passed, (q) 

[This section enlarged by new specifications. Const. 1865, Art. 4, Sec. 27.] 

Sec, 54. Local and special laws, notice of .—No local or special 
law shall be passed unless notice of the intentiom to apply therefor shall 
have been published in the locality where the matter or thing to be affected 
mav be situated, which notice shall state the substance of the contem- 
plated law, and shall be published at least thirty days prior to the intro- 
duction into the General Assembly of such bill, and in the manner to be 
provided by law. The evidtence of such notice having been published 
shall be exhibited in the General Assembly before such- act shall be 
passed, and the notice shall be recited in the act according to its tenor, (r) 

[New section,] 

Sec, 55, Extra sessions, power limited.— The General .Assembly 
shall have no power, when convened in extra session by the Governor, to 
act upon subjects other than those specially designated in the procla- 
mation by which the session is called, or recommended by special message 
to its consideration by the Governor after it shall have been convened. 
(s) 

rSee Const. 1865, Art. 6, .Sec. 7.] 

Sec. s6. Capital not to be removed. — ^The General Assembly 
shall have no power to remove the seat of government of this State from 
the City of Jefferson, (t) 

rSee Const. 1S65, Art. 11, Sec. 10.: 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Section i. Executive officers, residence of. — The executive de- 
partment shall consist of a Governor, Lieutenant-Governor, Secretary of 
State, State Auditor, State Treasurer, Attorney-General and Superin- 
tendent of Public Schools, all of whom, except the Lieutenant-Governor, 

(9) 135 Mo. 335, 382, 400, 446 ; 138 Mo, 95 ; 139 Mo, 560 ; 144 Mo, S3, This provision is 
prospective in its operation, 48 Mo. 468. Establishment of courts of inferior jurisdiction, 
by special legislation, is within the discretion of the legislature. 50 Mo, 317, 486. General 
law as to the time of holding city and county elections. 47 Mo. 310; 69 Mo. 556. Author- 
izing towns to organize for school purposes. 45 Mo. 458. Authorizing certain cities to 
construct sewers. 82 Mo. 388 ; 97 Mo. 543. A law is not necessarily special because, upon 
its adoption by the people, it suspends a general law. 144 Mo. 83 ; 96 Mo, 44. Legislature 
can pass a law declaring all "option" transactions gambling, and affix penalties, 134 Mo. 
512. See 131 Mo. 1 ; 132 Mo. 326 ; 128 Mo. 373 ; 123 Mo. 391 ; 104 Mb. 459 ; 100 JIo. 439 ; 96 Mo. 44 ; 
85 Mo. 41 ; 80 Mo. 175 ; 45 Mo, 458. Extending city limits. 126 JIo. 417. Appropriation for 
St, Louis insane asylum, 123 Mo, 434. Classification of cities. 123 Mo. 479. City ordinance 
granting exclusive ferry privileges for ten years held unconstitutional. 110 JIo. 557. Act 
authorizing taxation of reasonable attorney's fee against railroad company in action for 
killing stock constitutional. 103 Mo. 52. Double damage act not special. 82 iln. 221 : 86 
Mo, 540, See also 138 Mo, 139; 143 Mo, 287; 147 Mo, 1, 63; 150 Mo, 113; 151 Mo. 189; 152 Mo. 
522; 153 Mo. 23; 154 Mo. 375, 434; 155 Mo. 486; 156 Mo. 232; 160 Mo. 59, 107. 218; 162 Mo. 1; 
164 Mo. 221; 167 Mo. 680; IQS Mo. 167, 356; 169 Mo. 579; 170 Mo. 7; 171 Mo. 375, 600; 172 
Mo. 237. 

(r) 123 Mo. 391, 424; 106 Mo. HI; 104 Mo, 459; 84 Mo, 57; 69 Mo, 556; 4 A. 259, 

(s) 110 Mo. 286. Special sessions of municipal council. 16 A. 247. 

(t) 132 Mo. 410. 



■'^KT. v.] CONSTITUTION OF MISSOURI. 



29 



shall reside at the Seat of Government during- their term of office, and 
keep the public records, books and papers there, and shall perform 
such duties as ma\- be prescribed by law. 

rSee Const. 1865, Art. 0, Sec. 16.1 

Sec. 2. Terms of office — Governor and Treasurer ineligible to 
re-election — times of holding elections.— The term of office of the 
Governor, Lieutaiant-Governor, Secretary of State, State Auditor, 
State Treasurer, Attorney-General and" Superintendent of Public 
Schools shall be four years from the second Monday of January next 
after their election, and until their successors are elected and qualified ; 
and the Governor and State Treasurer shall be ineligible to re-election 
as their own successors. At the general election to be held in the year 
one thousand eight hundred and seventy-six, and every four years there- 
after, all such officers, except the Superintendent of Public Schools, 
shall be elected, and the Superintendent of Public Schools shall be 
elected at the general election in the year one thousand eight hundred 
and seventy-eight, and every four years thereafter. 

TThe term was two years under Const, of 1865, Art. 5, Sees. 3 and 16, except that of 
Superintendent of Public Schools. Art. 9, Sec. 3. Provision as to ineligibility is new.] 

Sec. 3. Returns — tie, how determined. — ^The returns of everv 
election for the above named oft'icers shall be sealed up and transmitted 
by the returning officers to the Secretary of State, directed to the Speaker 
of the House of Representatives, who shall, immediately after the organi- 
zation of the House, and before proceeding to other business, open and 
publish the same in the presence of a majority of each House of the 
General Assembly, who shall for that purpose assemble in the hall of the 
House of Representatives. The person having the highest number of 
votes for either of said offices shall be declared duly elected; but if two 
or more shall have an equal and the highest number of votes, the General 
Assembly shall, by joint vote, choose one of such persons for said office. 

[See Const. 1865, Art. 6, Sees. 3 and 18.] 

Sec. 4. The supreme executive power shall be vested in a chief 
magistrate, who shall be styled "The Governor of the State of Missouri." 

rSame as Const. 1865, Art. 5, Sec. 1.] 

Sec. 5. Governor, qualifications. — The Governor shall be at least 
thrity-five years old, a male, and shall have been a citizen of the United 
States ten years, and a resident of this State seven years next before his 
election. 

[Same as Const. 1865, Art. 5, Sec. 2, except the word "white" is here omitted.] 

Sec. 6. Governor's duties. — The Governor shall take care that the 
laws are distributed and faithfully executed : and he shall be a con- 
servator of the peace throughout the State. ( !(•) 

[See Const. 1865, Art. 5, Sec. 6.] 

Sec. 7. Governor, commander-in-chief of militia. — ^The Governor 
shall be commander-in-chief of the militia of this State, except when 
they shall be called into the service of the United States, and may call 
out the same to execute the laws, suppress insurrection and repel in- 
vasion ; but he need not command in person unfess directed so to do 
by a resolution of the General Assembly. 

[Provision calling out militia is new. Const. 1865, Art. 5, S6«. 5.] 

(it) Mandamus cannot be invohed to compel the Governor to perform his duties. 
39 Mo. 388 ; 58 Mo. .'.69 ; 64 Mo. 294 ; 120 Mo. 428. 



30 



CONSTITUTION OF MISSOURI. [ART. V 



Sec. 8. Governor, grant pardons, report to General Assembly. — 

The Governor shall have power to grant reprieves, commjutations and 
pardons, after conviction, for all offenses, except treason and cases of 
impeachment, upon such condition and with such restrictions and limi- 
tations as he may think proper, subject to such regulations as may be 
provided by law relative to the manner of applying for pardons. He 
shall, at each session, of the General Assembly, communicate to that body 
each case of reprieve, commutation or pardon granted, stating the name 
of the convict, the crime of which he was convicted, the sentence and its 
date, the date of the commutation, pardon or reprieve, and the reason 
or granting the same, (v) 

[See Const. 1865, Art. 5, Sec. 6.] 

Sec. 9. Governor may inform General Assembly, call extra ses- 
sions. — The Governor shall, from time to time, give to the General As- 
sembly information relative to the state of the government, and shall re- 
commend to its consideration such measures as he shall deem necessary 
and expedient. On extraordinary occasions he may convene the General 
Assembly by proclamation, wherein he shall state specifically each mat- 
ter concerning which the action of that body is deemed necessary, (iv) 

[Same as Const. nS65, Art. 5, Sec. 7. As to business of special session, see Art. i. 
Sec. 5.1] 

Sec. 10. Governor's message — account for moneys, etc. — The 
Governor shall, at tlie commencement of each session of the General 
Assembly, and at the close of his term of office, give information by 
message of the condition of the State, and shall recommend such meas- 
ures as he shall deem expedient. He shall account to the General As- 
sembly, in such manner as may be prescribed by law, for all moneys 
received and paid out by him from any funds subject to his order, with 
vouchers ; and at the commencement of each regular session, present 
estimates of the amount of money required to be raised by taxation 
for all purposes. 

[New section.] 

Sec. II. Vacancy in office — Governor may fill. — When any office 
shall become vacant, the Governor, unless otherwise provided by law, 
shall appoint a person, to fill such vacancy, who shall continue in office 
until a successor shall have been duly elected or appointed and qualified 
according to law. (x) 

[Art. 5, Sec. 8, Const. 1865.] 

Sec. t2. Governor's duty as to bills presented to him. — The Gov- 
ernor shall consider all bills and joint resolutions, which, having been 
passed by both houses of the General Assembly, shall be presented to 
him. He shall, within ten days after the same shall have been presented 
to him, return to the house in which they respectively originated, all 
such bills and joint resolutions, with his approval indorsed thereon, 
or accompanied by his objections : Prozdded, That if the General As- 
sembly shall finally adjourn within ten days after sucli presentation, 
the Governor may, within thirty days thereafter, return such bills and 

(v) 25 Mo. 291. Reprieves— commutations— pardons. 79 Mo. 113; 94 Mo. 22; 106 Mo. 
551; 157 Mo. 292. 

(w) 110 Mo. 286 ; 16 A. 247. 

(X) Probate judge— clerk. 47 Mo. 301 ; 48 Mo. 242 ; 50 Mo. 317 ; 56 Mo. 17. Clerk. 104 
Mo. 340. 



ART. v.] CONSTITUTION OF MISSOURI. 



31: 



resolutions to the office of the Secretary of State, with his approval or 
reasons for disapproval, (y) 

[See Art. 4, Sees. 37 and 38 ol this Const., and Const. 186S, Art. 5, Sec. 9.] 

Sec. 13. He may object to part of a bill.— If any bill presented to 
the Governor contain several items of appropriation of money, he may 
object to one or more items while approving other portions of the bill. 
In such case he shall append to the bill, at the time of signing it, a state- 
ment of the items to which he objects, and the appropriations so objected 
to shall not take effect. If the General Assembly be in session, he shall 
transmit to the house in which the bill originated a copy of such state- 
ment, and the items objected to shall be separately reconsidered. If 
it be not in session, then he shall transmit the same within thirty days 
to the office of the Secretary of State, with his approval or reasons for 
disapproval. 

[New section.] 

Sec. 14. Resolutions must be presented to Governor. — Every 
resolution to which the concurrence of the Senate and House of Re- 
presentatives iTiay be necessary, except on questions of adjournment, 
of going into joint session, and of amending this Constitution, shall be 
presented to the Governor, and before the same shall take effect, shall 
be proceeded upon in the same manner as in the case of a bill : Provided, 
That no resolution shall have the effect to repeal, extend, alter or amend 
any law. 

[Proviso is new. Const. 1865, Art. 5, Sec. 10.] 

Sec. 15. Lieutenant-Governor, qualifications and duties. — The 
Lieutenant-Governor shall possess the same qualifications as the Gov- 
ernor, and by virtue of his office shall be President of the Senate. In 
committee of the whole he may debate all questions, and when there 
is an equal division he shall give the casting vote in the Senate, and 
also in joint vote of both houses. 

[Const. 1865, Art. 5, Sees. 12 and 13.] 

Sec. 16. To perform duties of Governor, when. — In case of death, 
conviction or impeachment, failure to qualify, resignation, absence from 
the State or other disabilitj' of the Governor, the powers, duties and 
emoluments of the office for the residue of the term, or until the dis- 
ability shall be removed, shall devolve upon the Lieutenant-Governor. 
(^) 

[See Const. 1865, Art. 5, Sec. 14.] 

Sec. 17. Senate, President pro tempore — other persons to act as 
Governor, -when. — The Senate shall choose a president .pro^ tempore 
to preside in cases of the absence or impeachment of the Lieutenant- 
Governor, or when he shall hold the office of Governor. If there be no 
Lieutenant-Governor, or tlie Lieutenant-Governor shall, for any of the 
causes specified in section sixteen of this article, become incapable of 
performing the duties of the office, the President of the Senate shall 
act as Governor until the vacancy is filled or the disability removed; 
and if the President of the Senate, for any of the above named causes, 
shall become incapable of performing the duties of Governor, the same 
shall devolve upon the Speaker of the House of Representatives, in 
the same manner and with the same powers and compensation as are 

(») Veto— computation of time. 71 Mo. 392. 

(z) Temporary absence of Governor. 78 Mo. 139. 



32 CONSTITUTION OF MISSOURI. [aRT. V 

prescribed in the case of the office devolving upon the Lieutenant- 
Governor. 

[Const. 1865, Art. 5, Sec. 14.] 

Sec. 1 8. Lieutenant-Governor, etc., compensation.— The Lieuten- 
ant-Governor or the President pro tempore of the Senate, while pre- 
siding in the Senate, shall receive the same compensation as shall be 
allowed the Speaker of the House of Representatives. 

[Const. 1865, Art. 5, Sec. 15.] 

Sec. 19. Executive officers, qualifications.— No person shall be 
eligible to the office of Secretary of State, State Auditor, State Treas- 
urer, Attorney-General, or Superintendent of Public Schools, unless he 
be a male citizen of the United States and at least twenty-five years 
old, and shall have resided in this State at least five years next before 
his election. 

[Const. 1865, Art. 5, Sec. 16, except as to Superintendent of Tublic Schools, who was 
required to have the qualifications of a State Senator. Art. 10, Sec. 3.] 

Sec 20. Seal of the State.— The Secretary of State shall be the 
custodian of the seal of the State, and authenticate therewith all official 
acts of the Governor, his approval of laws excepted. The said seal 
shall be called the ''Great Seal of the State of Missouri," and the em- 
blems and devices thereof, heretofore prescribed by law, shall not be sub- 
ject to change. 

[Const. 1865, Art. 5, Sec. 20.] 

Sec. 21. Secretary of State, duties of. — The Secretary of State 
shall keep a register of the official acts of the Governor, and when 
necessary, shall attest them, and lay copies of the same, together with 
copies of all papers relative thereto, before either house of the General 
Assembly whenever required to do so. 

[Const. 1865, Art. 5, Sec. 21.] 

Sec. 22. Executive efiicers' duties, accounts, institutions. — An 
account shall be kept by the officers of the Executive Department of 
all moneys and choses in action disbursed or otherwise disposed of by 
them, severally, from all sources, and for every service preformed ; and 
a semi-annual report thereof shall be made to the Governor under oath. 
The Governor may at any time require information, in writing, under 
oath, from' the officers of the Executive Department, and all officers 
and managers of State institutions, upon an}' subject relating to the 
condition, management and expenses of their respective offices and in- 
stitutions; which information, when so required, shall be furnished by 
such officers and managers, and any officer or manager who at any time 
shall make a false leport, shall be guilty of perjury and punished ac- 
cordingly. 

[New section.] 

Sec. 23. Governor shall commission officers. — The Governor shall 
commission all officers not otherwise provided for by law. All com- 
missions shall run in the name and by the authority of the State of Mis- 
souri., be signed by the Governcw, sealed with the Great Seal of the State 
of Missouri, and attested by the Secretary of State, (a) 

[Const. 1«65, Art. 5, Sec. 25.] 

(a) 41 Mo. 32, 238. Courts cannot by mandamus compel the GoTcrnor to issue a 
commission. 39 Mo. 388 ; 58 Mo. 359 Governor is the sole judge of the propriety of 
issuing a commission. 41 Mo. 247. Governor cannot by issuing a second commission to 



AKT. VI.] CONSTITUTION OF MISSOURI. 33 

Sec. 24. Officers, salaries and fees not to be changed. — ^The offi- 
cers named in this article shall receive for their services a salary to be 
established by law, which shall not be increased or diminished during 
their official terms ; and they shall not, after the expiration of the terms 
of those m office at the adoption of this Constitution, receive to their 
own use any fees, costs, perquisites of office, or other compensation. All 
fees that may hereafter be payable by law for any service performed by 
any officer provided for in this article shall be paid in advance into the 
State treasury, (b) 

[New section.] 

Sec. 25. Contested elections of executive officers. — Contested 
elections of Governor and Lieutenant-Governor shall be decided by a 
joint vote of both houses of the General Assembly, in such manner as 
may be provided by law; and contested elections of Secretary of State, 
State Auditor, State Treasurer, Attorney-General and Superintendent 
of Public Schools shall be decided before such tribunal and in such man'- 
ner as may be provided by law. 

[Const. 1S65. Art. 5, Sees. 18 and 19.] 



ARTICLE VI. 

JUDICIAL DHPAKTMENT. 

Section i. Judicial power of State, where vested. — The judicial 
power of the State, as to matters of law and equity, except as in this 
Constitution otherwise provided, shall be vested in a Supreme Court, 
the St. Louis Court of Appeals, circuit courts, criminal courts, probate 
courts, county courts and municipal corporation courts, (c) 

[See Const. 1865, Art. 6, Sec. 1. Also amendment of 1890, at close of this article.] 

Sec. 2. Supreme Court, jurisdiction of. — The Supreme Court, ex- 
cept in cases otherwise directed by this Constitution, shall have ap- 
pellate jurisdiction only, which shall be coextensive with the State undec 
the restrictions and limitations in this Constitution provided, (d) 

[See Const. 1865, Art. 6, Sec. 2.] 

another person, oust an Incumbent previously commissioned by him. 48 Mo. 213. Com- 
mission need not state the length of term. 10 Mo. 681. Title to office derived from elec- 
tion, not from commission. 44 Mo. 223. Remedy of one entitled to otElce against one 
holding under commission Improperly issued. 10 Mo. 117 ; 48 Mo. 213 ; 53 Mo. 97. 
(6) Board of equalization. 97 Mo. 162, overruling 67 Mo. 64. 

(c) Courts determine the constitutionality of legislation. 1 Mo. 164. The question 
as to constitutionality must be raised In the lower court. 131 Mo. 548 ; 138 Mo. 494. Consti- 
tutional questions will not be considered unless necessary to a decision. 141 Mo. 21. Sec- 
tion provides for the continued existence of municipal courts. 91 Mo. 79. Construction 
of Constitution. 75 Mo. 147 ; S3 Mo. 488 ; S3 Mo. 13 ; 138 Mo. 187. See 39 Mo. 485 ; 83 Mo. 488. 
See also 74 A. 70; 141 Mo. 497; 143 Mo. 287; 144 Mo. 275, 314; 145 Mo. 322; 146 Mo. 662; 
149 Mo. 67; 150 Mo. 89; 151 Mo. 189; 152 Mo. 1, 339, 466, 522, 570; 153 Mo. 23, 319; 154 Mo. 
397, 434; 155 Mo. 486; 157 Mo. 125, 292; 160 Mo. 59, 141, 218, 474; 161 Mo. 444; 162 Mo. 1; 
163 Mo. 661 ; 164 Mo. 56 ; 165 Mo. 95, 399, 671 ; 166 Mo. 287 ; 167 Mo. 680 ; 168 Mo. 356. 

(d) Jurisdiction of Supreme Court cannot be extended by legislation. 44 Mo. 210 ; 
nor through exercise of writ. 49 Mo. 146 ; 62 Mo. 370 ; 107 Mo. 527. Jurisdiction cannot be 
curtailed. 142 Mo. 325. Cannot be waived. 132 Mo. 210. Original jurisdiction extends only 
to Issuance of high prerogative writs. 44 Mo. 210. When vested rights are invaded. 141 
Mo. 1. Legislative authority. 41 Mo. 61; 49 Mo. 488. 

0-3 



34 CONSTITUTION OF MISSOURI. [AKT. VI 

Sec. 3. Supreme Court, superintending control of.— The Supreme 
Court shall have a general superintending control over all mferior courts. 
It shall have power to issue writs of habeas corpus, mandamus, quo 
warranto, certiorari and other original remedial writs, and to hear and 
determine the same, (e) 

[Const. 1S65, Art. 6, Sec. 3.] 

Sec. 4. Supreme Court judges, term— Chief Justice.— The judges 
of the Supreme Court shall hold office for the term of ten years. The. 
judge oldest in commission shall be Chief Justice of the Court; and 11 
there be more than one commission of the same date, the court may select 
the Chief Justice from the judges holding the same. 

[See Const. 1S65, Art. 6, Sec. 6.] 

Sec. 5. Judges, number of — quorum— duties — election. — The Su- 
preme Court shall consist of five judges, any three of whom shall con- 
stitute a quorum; and said judges shall be conservators of the peace 
throughout the State, and shall be elected by the qualified voters there- 
of. (/) 

[Const. 1865, Art. 6, Sec. 4. Amended, 1890, increasing number and creating two divi- 
sions. See amendment at end of article.] 

Sec. 6. Judges, qualifications. — The judges of the Supreme Court 
shall be citizens of the United States, not less than thirty years old, and 
shall have been citizens of this State for five years next preceding their 
election or appointment, and shall be learned in the law. 

["And shall be learned in the law" is new. Const. 1865, Art. 6, Sec. 18.] 

Sec. 7. Judges, terms — commencement — appoinfment. — ^The full 
terms of the judges of the Supreme Court shall commence on the first 
day of January next ensuing their election, and those elected to fill any 
vacancy shall also enter upon the discharge of their duties on the first 
day of Jaunary next ensuing such election. Those appointed shall enter 
upon the discharge of their duties as soon as qualified. 

[Commencement of term same as Const. 1865, Art. 6, Sec. 7. See amendment at end 
of this article.] 

Sec 8. Present judges, terms. — The present judges of the Su- 
preme Court shall remain in office until the expiration of their respec- 
tive terms of office. To fill their places as their terms expire, one judge 
shall be elected at the general election in eighteen hundred and seventy- 
six, and one every two years thereafter. 

[Provision for election of one judge every two rears same as Const. 1865, Art. 6, 
Sec. 7. See amendment at end of this article.] 

Sec. 9. Supreme Court, time and place of holding. — The Supreme 
Court shall be held at the Seat of Government at such times as may 
be prescribed by law ; and until otherwise directed by law, the terms of 
said court shall commence on the third Tuesdays in October and April 
of each year. 

[New section. See Const. 1865, Art. 6, Sec. 5.] 

Sec. 10. Supreme Court, accommodations. — ^The State shall pro- 
vide a suitable court room at the Seat of Government, in which the 

(e) Has no strictly appellate jurisdiction over the courts of appeal. 107 Mo. 527. 
Mandamus, i Mo. 286; 41 Mo. 221; 97 Mo. 331. Quo warranto. 32 Mo. 379. Certorari. 62 
Mo. 370 ; 123 Mo. 524. ProMMMon. 122 Mo. 435 ; 126 Mo. 652 ; 133 Mo. 500. Habeas corpus. 6G 
Mo. 545. • May admit to bail on habeas corpus proceedings. 59 Mo. 598. Cannot grant in- 
junction. 5 Mo. 285. See 170 Mo. 497. 

(f) See constitutional amendment at end of this article. 



-^Kl"' VI.] CONSTITUTION OF MISSOURI. 35 

Supreme Court shall hold its sessions; also a clerk's office, furnished 
offices for the judges, and the use of the State Library. 

[New section.] 

Sec. II. Judges divided in opinion.— If, in any cause pending in 
the_ Supreme Court, or the St. Louia Court of Appeals, the judges 
sitting shall be equally divided in opinion, no judgm^ent shall be en- 
tered therein based on such division; but the partiea to the cause may 
agree upon some person, learned in the law, to act as special judge in 
tlie cause, who shall therein sit with the Court, and give decision in the 
same manner and with the same effect as one of the judges. If the 
parties cannot agree upon a special judge, the court shall appoint one. 

[Same aa Const. 1865, Art. 6, Sec. 10. See amendment at end of this article.] 

Sec. 12. St. Louis Court of Appeals — ^jurisdiction — appeals to Su- 
preme Court.— There is hereby established in the citv of St. Louis an 
appellate court, to be known as the "St. Louis Court' of Appeals," the 
jurisdiction of which shall be coextensive with the city of St. Louis 
and the counties of St. Louis, St. Charles, Lincoln and Warren. Said 
court shall have power to issue writs of habeas corpus, quo warranto 
numdanuts,^^ certiorari, and other original remedial writs, and to hear 
and_ determine the same; and shall have a superintending control over 
all inferior courts of record in said counties. Appeals shall lie from 
the decisions of the St. Louis Court of Appeals to the Supreme Court, 
and writs of error may issue from' the Supreme Court to said court 
in the following cases only: In all cases where the amount in dispute, 
exclusive of costs, exceeds the sum of two tliousand five hundred 
dollars; in cases involving the construction of the Constitution of the 
United States or of this State; in cases where the validity of a treaty 
or statute of or authority exercised under the United States is drawn 
in question; in cases involving the construction of the revenue laws 
of this State, or the title to any office under this State ; in cases involv- 
ing title to real e&tate ; in cases where a county or other political sub- 
division of the State or any State officer is a party, and in all cases of 
felony, (g) 

[See amendment at end of tliis article, establishing Kansas City Court of Appeals 
and extending jurisdiction of St. Louis Court of Appeals.] 
[New section.] 

Sec. 13. Number, election, qualification and pay of judges. — The 
.St. Louis Court of Appeals shall consist of three judges, to be elected 
by the qualified voters of the city of St. Louis, and the counties of St. 
Louis, St. CharleS) Lincoln and Warren, who shall hold their offices 
for the period of twelve years. They shall be residents of the district 
composed of said, counties, shall possess the same qualifications as judges 
of the Supreme Court, and each shall receive the same compensation 
as is now or may be provided by law for the judges of the circuit court 

(a) "Amount in dispute." 130 Mo. 288; 48 A. 634. Must exceed $2^00. '145 Mo. 120. 
Term "inyolving title toj:eal estate" defined. 144 Mo. 203. Other cases. 126 Mo. 39; 131 
Mo. 599: 138 Mo. 286; 142 Mo. 499; 143 Mo. 89. Ejectment. 96 Mo. 324. Enjoining sale of 
real estate does not involve title. 67 Mo. 199. Constitutional question. 95 Mo. 44; 105 Mo. 
299 : 109 Mo. 434 ; 141 Mo. 1 ; 36 A. 550 ; 48 A. 601 ; 57 A. 447 ; 58 A. 661 ; 59 A. 57. "Officer under 
this State." 132 Mo. 210 ; 135 Mo. 325. "State officer." 90 Mo. 169, 229 ; 91 Mo. 20O. City in 
county is not u "political subdivision." 139 Mo. 298 ; 135 Mo. 44. Felony. 137 Mo. 149, 612 ; 
141 Mo. 329. Misdemeanor. SS Mo. 143. Courts of appeals cannot employ original writs 
to broaden their jurisdiction. 101 Mo. 499. 



36 CONSTITUTION OF MISSOURI. [ART. VI 

of St. Louis county, and be paid from the same sources: Provided!, 
that each of said counties shall pay its proportional part of the same, 
according to its taxable property. 

[New section.] 

Sec. 14. Judges, duties- quorum— terms of court. — The judges 
of said court shall be conservators of the peace throughout said coun- 
ties. Any two of said judges shall constitute a quorum. There shall 
be two terms of said court to be held each year, on the first Mondays 
of March and October, and the first term of said court shall be held on 
the first Monday in January, 1876. 

[New section.] 

Sec. 15. Opinions of court — rules of practice. — The opinions of 
said court shall be in writing, and shall be filed in the cases in which 
they shall be respectively made, and become parts of their record; and 
all laws relating to the practice in the Supreme Court shall apply to 
this court, so far as the same may be applicable. 

[New section.] 

Sec. 16. Terms of first judges — presiding judge. — At the first 
general election held in said city and counties after the adoption of this 
Constitution, three judges of said court shall be elected, who shall de- 
termine by lot the duration of their several terms of office, which shall 
be respectively four, eight and twelve years, and certify the result to 
the Secretary of State ; and every four years thereafter one judge of 
said court shall be elected to hold office for the term of twelve years. 
The term of office of such judges shall begin on the first Monday in 
January next ensuing their election. The judge having the oldest license 
to practice law in this State shall be the presiding judge of said court. 

[New section.] 

Sec. 17. Court of appeals, judges — appointrrient of. — Upon the 
adoption of this Constitution the Governor shall appoint three judges 
for said court, who shall hold their offices until the first Monday of 
January, eighteen hundred and seventy-seven, and until their successors 
shall be duly qualified. 

[New section.] 

Sec. 18. Court of appeals, clerk. — The clerk of the Supreme Court 
at St. Louis shall be the clerk of the St. Louis Court of Appeals until 
the expiration of the term for which he was appointed clerk of the 
Supreme Court, and until his successor shall be duly qualified. 

[New section.] 

Sec. 19. Cases pending in Supreme Court at St. Louis. — All cases 
which may be pending in the Supreme Court at St. Louis at the time 
of the adoption of this Co^nstitution, which by its temis would come 
within the final appellate jurisdiction of the St. Louis Court of Appeals, 
shall be certified and transferred to the St. Louis Court of Appeals, to 
be heard and determined by said court. 

[New section.] 

Sec. 20. Court of Appeals, when cases are triable in. — All cases 
coming to said court by appeal, or writ of error, shall be triable at the 
expiration of fifteen days from the filing of the transcript in the office 
of the clerk of said court. (It) 

[New section.] 



(ft) 7 A. 612 ; 54 A. 214. 



ART. VI.] CONSTITUTION OF MISSOURI. 37 

Sec. 21. Supreme Court, clerks and records of. — Upon the adop- 
tion of this Constitution, and after the close of the next regular terms 
of the Supreme Court at St. Louis and St. Joseph, as now established 
by law, the office of the clerk of the Supreme Court at St. Louis and 
St. Joseph shall be vacated, and said clerks shall transmit to the clerk 
of the Supreme Court at Jefferson City all the books, records, docu- 
ments, transcripts and papers belonging to their respective offices, ex- 
cept those required by section nineteen of this article to be turned over 
to the St. Louis Court of Appeals ; and said records, documents, tran-. 
scripts and papers shall become part of the records, documents, tran- 
scripts and papers of said Supreme Court at Jefferson City, and said 
court shall hear and determine all the cases thus transferred as other 
cases. 

[New section.] 

Sec. 22. Circuit court, jurisdiction and terms. — The circuit court 
shall have jurisdiction over all criminal cases not otherwise provided 
for by law; exclusive original jurisdiction in all civil cases not other- 
wise provided for; and such concurrent jurisdiction with and appellate 
jurisdiction from inferior tribunals and justices of the peace as is or 
may be provided by law. It shall hold its terms at such times and 
places in each county as may be by law directed ; but at least two terms 
shall be held every year in each county, (i) 

[Const. 1865, Art. 6, Sec. 13. Last clause Is new.] 

Sec. 23. Circuit court, superintending control of. — The circuit 
court shall exercise a superintending control over criminal courts, pro^ 
bate courts, county courts', municipal corporation courts, justices of 
the peace, and all inferior tribunals in each county in their respective 
circuits, (j) 

[Const. 1865, except enumeration of courts. Art. 6, Sec. 21.] 

Sec. 24. Circuits may be changed or abolished. — The State, ex- 
cept as otherwise provided in this Constitution, shall be divided into 
convenient circuits of contiguous counties, in each of which circuits one 
circuit judge shall be elected; and such circuits may be changed, en- 
larged, diminished or abolished, from time to time, as public convenience 
may require; and whenever a circuit shall be abolished, the office of 
the judge of such circuit shall cease, (k) 

[See Const. 1865, Art. 6, Sec. 14.] 

Sec. 25. Circuit judges, terms and duties. — The judge's of the cir- 
cuit court shall be elected by the qualified voters of each circuit; shall 
hold their offices for the term of six years, and shall reside in and be 
conservators of the peace within their respective circuits. 

[Const. 1865, Art. 6, Sec. 14.] 

Sec. 26. Circuit judges, qualifications. — No person shall be eligi- 
ble to the office of judge of the circuit court who shall not have at- 
tained the age of thirty years, been a citizen of the United States five 
years, a qualified voter of this State for three years, and who shall not 
be a resident of the circuit in which he may be elected or appointed. 

[Const. 1865, Art. 6, Sec. 18. Last clause Is new.] 

(i) 57 Mo. 22 ; 66 Mo. 192 ; 19 A. 191 ; 30 A. 190. Jurisdiction— special tax bills. U A. 
26; 85 Ho. 480. 

U) 66 Mo. 192 ; 104 Mo. 459 ; 116 Mo. 188. Justices may be compelled to certify papers. 
62 A. 220. 

(k) 65 Mo. 215; 75 Mo. 147. 



jg CONSTITUTION OF StlSSOURt. [ART. Vt 

Sec. 27. Circuit court of St. Louis county-ju"sdiction of Court 
of Appeal^-The circuit court of St. Louis county shall be composed 
of fi?e^•udges, and such additional number as the Genera Assemb y 
may from time to time provide. Each of said judges shall sit separately 
for the trial of causes and the transactiori of business m special term. 
The judges oi'said circuit court may sit in general term, ioi-the pur- 
pose of making rules of court, and for the transaction of such other busi- 
ness as may be provided by law, at such time as they may determme 
but shall have no power to review any order, decision or proceeding 
of the court in special term. The St. I^uis Court of Appeals shall 
have exclusive jurisdiction of all appeals from and writs of error to the 
circuit courts of St. Charles, Lincoln and Warren coomties, and the 
circuit court of St. Louis county, in special term, and all courts of record 
having criminal jurisdiction in said counties. (/) 

[New provision. Const. 1865, Art. 6. Sec. 15. See amendment of 1884, foUowin.? 
this article.] 

Sec 28. Additional judges, provision for.— In any circuit com- 
posed of a single county, the General Assembly may, from time to time, 
provide for one or more additional judges, as the business shall require ; 
each of whom shall separately try cases and perform all other duties 
imposed upon circuit judges. 

rNew section.] 

Sec. 29. Vacancy in office, disability, etc. — If there be a vacancy 
in the office of judge of any circuit, or if the judge be sick, absent, or 
from any cause unable to hold any term or part of term of court, in 
any county in his circuit, such term or part of term of court may be 
held by a' judge of any other circuit; and at the request of the judge 
of any circuit, any term of court or part of term in his circuit rnay be 
held by the judge of any other circuit, and in all such cases, or in any 
case where the judge cannot preside, the General Assembly shall make 
such additional provision for holding court as may be found necessary. 
(m) 

[Const. 1865, Art. 6, Sec. 17. "All such cases," etc., is new.] 

Sec. 30. Judges, election of — ties and contests. — The election of 
judges of all courts of record shall be held as is or may be provided 
by law, and in case of a tie or contested election between the candi- 
dates, the same shall be determined as prescribed by law. 

[Const. 1865, Art. 6, Sec. 14.] 

Sec. 31. Criminal courts. — The General Assembly shall have no 
power to establish criminal courts, except in counties having a popula- 
tion exceeding fifty thousand, (n) 

[See Const. 1865, Art. 6, Sec. 1] 

Sec. 32. Judges, vacancy, how filled. — In case the office of judge 
of any court of record become vacant by death, resignation, removal, 
failure to qualify, or otherwise, such vacancy shall be filled in the man- 
ner provided by law. (o) 

[Const. 1865, Art. 6, Sec. 8, 14, modified.] 

(I) 71 Mo. 645; 75 Mo. 147; 100 Mo. 94; 119 Mo. 325. 

(m) 65 Mo. 357 : 67 Mo. 534. In case of disqualification, judge of neighboring circuit 
ma.T be called in. 47 Mo. 326; 95 Mo. 85; 129 Mo. 619. Election of special Judge by attor- 
neys, constitutional. 87 Mo. 027; 65 Mo. 357. Special judges, by appointment. 61 Mo. 
296: 63 Mo. 88. 

(») 112 Mo. 691; 123 Mo. 391. 

(0) 64 Mo. 139. I 



ART. VI. j CONSTITUTION OF MISSOURI. 39 

Sec. 33. Judges, salaries not to be increased or diminished. — The 
judges of the Supreme, Appellate and Circuit courts, and of all other 
courts of record receiving a salary, shall, at stated times, receive such 
compensation for their services as is or may be prescribed by law; but 
it shall not be increased or diminished during the period for which they 
were elected. 

[Const. 1865, Art. 6, Sec. 20, moaiflefl.] 

Sec. 3/|. Probate courts. — The General Assembly shall establish 
in every coimty a probate court, which shall be a court of record, and 
consist of one judge, who shall be elected. Said court shall have juris- 
diction over all matters pertaining to probate business, to granting let- 
ters testamentary and of administration, the appointment of guardians 
and curators of minors and persons of unsound mind, settling the ac- 
counts of executors, administrators, curators and guardians and the sale 
or leasing of lands by administrators, curators and guardians ; and also 
jurisdiction over all matters relating to apprentices ; Provided, That until 
the General Assembly shall provide by law for a uniform system of 
probate courts, the jurisdiction of probate courts heretofore established 
shall remain as now provided by law. (/>) 

fNew section.] 

Sec. 35. Probate court, jurisdiction, practice and clerks. — Pro- 
bate courts shall be uniform in their organization, jurisdiction, duties 
and practice, except that a separate clerk may be provided for, or the 
Judge may be required to act, ex officio, as his own clerk. (q) 

TNew section.] 

Sec. 36. County courts. — In each county there shall be a county 
court, which shall be a court of record, and shall have jurisdiction to 
transact all county and such other business as may be prescribed by 
law. The court shall consist oif one or more judges, not exceeding three, 
of whom the probate judge may be one, as may be provided by law. (r) 

[Const. 1865, Art. 6, Sec. 23, modified.] 

Sec. 37. Justices of the peace. — In each county there shall be ap- 
pointed, or elected, as many justices of the peace as the public good may 
require, whose powers, duties and duration in office shall be regulated 
by law. (j) 

[Const. 1865, Art. 6, Sec. 25.] 

Sec. 38. Writs and indictments. — All writs and process shall run 
and all prosecutions shall be conducted in the name of the "State of Mis- 
souri;" all writs shall be attested by the clerk of the court from which 
they shall be issued; and all indictments shall conclude, "against the 
peace and dignity of the State." {t) 

[Const. 1865, Art. 6, Sec. 26.] 

Sec. 39. Clerks of courts. — The St. Louis Court of Appeals and 
Supreme Court shall appoint their own clerks. The clerks of all other 
courts of record shall be elective, for such terms and in such manner 

(») 79 Mo. 560 ; 65 Mo. 250; 68 Mo. 282 ; 73 Mo. 421 ; 112 Mo. 54 ; 122 Mo. 202. Powers ot 
probate court. 98 Mo. 379 ; 147 Mo. 319. Jurisdiction. 24 A. 480 ; 19 A. 191 ; 84 Mo. S32 ; 97 
Mo. 587. 

(9) 97 Mo. 181; 73 Mo. 421. 

(r) 58 Mo. 175; 105 Mo. 236; 130 Mo. 90. 

(8) 73 Mo. 78; 128 Mo. 653; 30 A. 190. Election of justices of tlie peace in St. Louis. 
69 Mo. 556. 

(t) 103 Mo. 11; 7 Mo. 162; 5 Mo. 458 ; 44 A. 614. Writ of error in criminal cases. 
65 Mo. 497, 503. Each count of Indictment must conclude with the words "against the 
peace and dignity of the State." 25 A. 657 ; 19 Mo. 254 ; 78 Mo. 60O. See 93 Mo. 361. 



40 



CONSTITUTION OF MISSOURI. [ART. VI 



as may be directed by law : Provided, That the term of office of no ex- 
isting clerk of any court of record, not abolished by this Constitution, 
shall be affected by such law. {u) 

[Const. 1865, Art. 6, Sec. 22, modifled.] 

Sec. 40. Clerks, election of— ties and contests.— In case there be 
a tie or a contested election between candidates for clerk of any court 
of record, the same shall be determined in such manner as may be 
directed by law. 

fNew section.] 

Sec. 41. Judge, removal for inability.— In case of the inability of 
any judge of a court of record to discharge the duties of his office with 
efficiency, by reason of continued sickness, or physical or mental in- 
firmity, it shall be in the power of the General Assembly, two-thirds of 
the members of each house concurring, with the approval of the Gov- 
ernor, to remove such judge from office; but each house shall state on 
its respective journal the cause for which it shall wish his removal, and 
give him notice thereof, and he shall have the right to be heard in his 
defense, in such manner as the General Assembly shall by law direct. 

[New section.] 

Sec. 42. Existing courts to continue. — All courts now existing in 
this State, not named or provided for in this Constitution, shall con- 
tinue until the expiration of the terms of office of the several judges; 
and as such terms expire, the business of said courts shall vest in the 
court having jurisdiction thereof in the counties where said courts now 
exist, and all the records and papers shall be transferred to the proper 
courts, {v) 

INew section.] 

Sec. 43. Supreme Court, what opinions to be published. — ^The 
Supreme Court of the State shall designate what opinions delivered 
by the Court, or the judges thereof, may be printed at the expense 
of the State; and the General Assembly shall make no provision for 
payment by the State for the publication of any case decided by said 
court not so designated. 

[New section.] 

Sec. 44. Judicial decisions free for publication. — All judicial de- 
cisions in this State shall be free for publication by any person. 

TNew section.] 

COTJETS OP APPEALS. 

[The following amendment to tlie Constitution extending the jurisdiction of the 
St. Louis Court of Appeals, and establishing_ the Kansas City Court of Appeals, was 
submitted to the qualified voters by concurrent resolution, approved March 29, 1883, 
and was adopted at the general election held on the Tuesday next following the first 
Monday in November, 1884.] (Laws 1883, p. 215.) 

Section i. St. Louis Court of Appeals, extended jurisdiction. — ■ 

The jurisdiction of the St. Louis Court of Appeals is hereby extended 
so as to be coextensive with the counties of Monroe, Shelby, Knox, 
Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Warren, St. 
Qiarles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, 
Scott, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard, Wayne, 
Bollinger, Madison, St. Francois, Washington, Frankhn, Crawford, 
Iron, Reynolds, Carter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, 
Pulaski, Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster, 

(«) 97 Mo. 181 ; 137 Mo. 636. 
(y) 91 Mo. 79. 



ABT. VI. J CONSTITUTION OP MISSOURI. 4 1 

Christain, Taney, Stone, Greene, Lawrence, Barry, Newton and Mc- 
Donald, as well as the city of St. Louis; and each judge thereof, when 
hereafter elected, shall be elected by the qualified voters of the coun- 
ties and of the city under the jurisdiction of said court, and shall be a 
resident of the said territorial appellate district. 

[By Act of 1889, Montgomery county, and by Act of 1893, Audrain county are now 
included in the St. Louis Court of Appeals district] 

Sec. 2. Kansas City Court of Appeals, jurisdiction, terms, judges. 
— ^There is hereby established at Kansas City an appellate court, to be 
known as the Kansas City Court of Appeals, the jurisdiction of which 
shall be coextensive with all the counties in the State except those 
embraced in the jurisdiction of the St. Louis Court of Appeals. There 
shall be held in each year two terms of said Kansas City Court of Ap- 
peals, one on the first Monday of March and one on the first Monday 
of October. The Kansas City Court of Appeals shall consist of three 
judges, who shall be elected by the qualified voters of the counties 
under the jurisdiction of said court, and shall be residents of said ter- 
ritorial appellate district. 

Sec. 3. Court of Appeals, additional may be established. — The 
General Assembly shall have power by law to create one additional 
court of appeals, with a new district therefor; to change the limits 
of the appellate districts, and the names of the courts of appeals, desig- 
nating the districts by numbers or otherwise; to change the time of 
holding the terms of said courts; to increase or diminish the pecuniary 
limit of the jurisdiction of the courts of appeals; to provide for the 
transfer of cases from one court of appeals to another court of appeals ; 
to provide for the transfer of cases from a court of appeals to the 
Supreme Court, and to provide for the hearing' and determination of 
such cases by the courts to which they may be transferred, (w) 

Sec. 4. Kansas City Court of Appeals — first judges, appointment 
and election — law applicable to. — The first term of said Kansas City 
Court of Appeals shall be held on the first Monday of March in the 
year 1885, and the first judges thereof shall, upon the adoption of this 
amendment, be appointed by the Governor of said State for the term of 
four years each, beginning on the first day of January, 1885, and at the 
general electiton in the year 1888, the first election, for the judges of said 
court shall be held, and the provisions of the Constitution of the State 
concerning the organization, the judges, the powers, the jurisdiction 
and proceedings of the St. Louis Court of Appeals as herein amended, 
shall in all appropriate respects apply to tlie Kansas City Court of 
Appeals, and to such additional court of appeals as. may be by law cre- 
ated. 

Sec. 5. Supreme Court, exclusive appellate jurisdiction of. — In 
all causes or proceedings reviewable by the Supreme Court, writs of 
error shall run from the Supreme Court directly to the circuit courts 
and to courts having the jurisdiction pertaining to circuit courts, and 
in all such causes or proceedings, appeals shall lie from such trial 
courts directly to the Supreme Court, and the Supreme Court shall have 
exclusive jurisdiction of such writs of error and appeals, and shall in all 
such cases exclusively exercise superintending control over such trial 
courts, (x) 

(w) 125 Mo. 388 ; 86 A. 73. 

(if) 85 Mo. 469 ; 95 Mo. 44 ; 90 Mo. 229 ; 100 Mo. 94. Jurisdiction. 138 Mo. 447 ; 140 Mo. 
634; 191 Mo. 499. Mandamus. 52 A. 220; 53 A. 366. Prohibition. 97 Mo. 276. Habeas corpus. 
19 A. 370 ; 37 A. 83 ; 45 A. 551. 



42 



CONSTITUTION OF MISSOURI. [ART. VI 



Sec. 6. Courts of Appeals, cases may be certified to Supreme 
Court, when.— When any one of said courts of appeals shall m any 
cause or proceeding render a decision which any one of the judges 
therein sitting shall deem contrary to any previous decision of any one 
of said courts of appeals, or of the Supreme Court, the said Court of 
Appeals must, of its own motion, pending the same term and not after- 
ward, certify and transfer said cause or proceeding and the original 
transcript therein to the Supreme Court, and thereupon the Supreme 
Court must rehear and determine said cause or proceeding, as in case of 
jurisdiction obtained by ordinary appellate process; and the last pre- 
vious rulings of the Supreme Court on any question of law or equity 
shall, in all cases, be controlling authority in said courts of appeals, (y) 

Sec. 7. Cases now pending in Supreme Court transferred to 
Kansas City Court of Appeals. — All cases which may be pending in 
the Supreme Court at the time of the adoption of this amendment, 
which have not been submitted, and which by its terms would come 
within the territorial appellate jurisdiction of the Kansas City Court 
of Appeals, shall be certified and transferred to such court to be heard 
and determined by it. 

Sec. 8. Supreme Court, superintending control of. — The Supreme 
Court shall have superintending control over the courts of appeals by 
mandamus, prohibition and certiorari. (3) 

Sec. 9. Kansas City Court of Appeals, court-room and offices. — 
The State shall provide a suitable court-room at Kansas City, in which 
the Kansas City Court of Appeals shall hold its sessions ; also a clerk's 
office and furnished offices for the judges. 

Sec. 10. Judges 9f Courts of Appeals— salaries, how paid. — The 
judges of the Kansas City Court of Appeals, and of such additional 
court of appeals as may be created by law, shall each annually receive 
a salary of three thousand five hundred dollars per annum, which, to- 
gether with the entire salaries of the judges of the St. Louis Court 
of Appeals, shall be paid out of the State treasury, as the salaries of the 
judges of the Supreme Court are now paid, unless otherwise provided 
by law. 

Sec. II. Constitution, inconsistent provisions rescinded. — All pro- 
visions of the Constitution of this State, and all laws of this State 
which are inconsistent with this amendment, shall, so far as inconsist- 
ent, upon its adoption, be forever rescinded and of no effect. 

SUPREME court. 

[The following amendment to the Constitution increasing the number of judge-s 
of the Supreme Court from four to seven and creating two divisions of the court, 
was submitted to the qualified voters by joint and concurent resolution, and was 
adopted at the general election held on the Tuesday next following the first Monday 
in November. 1890.] 

Section i . Number of judges — divisions of court — ^business, how 
divided — quorum. — The Supreme Court shall consist of seven judges, 
and, after the first Monday in January, 1891, shall be divided into two 
divisions, as follows: One division to consist of four judges of the 

()/) 96 Mo. 570 ; 104 Mo. 419 ; 107 Mo. 527 ; 110 Mo. 280 ; 117 Mo. 103 ; 123 Mo. 292 ; 125 Mo. 
832 ; 129 Mo. 685 ; 140 Mo. 121. Limits of Jurisdiction. 132 Mo. 265. Authority of decisions. 
25 A. 687 ; 35 A. 363 ; 61 A. 109. Cases improperly transferred to Supreme Court. 143 Mo. 
33; 144 Mo. 170. 

(«) 101 Mo. 499 ; 16 A. 491. 



AtlT. VI,] CONSTITUTlO^T 01? MISSOURI. 43 

court and to be known as division number one, the other to consist of 
the remaining judges and to be known as division number two. The 
divisions shall sit separately for the hearing and disposition of causes 
and matters pertaining theretoi, and shall have concurrent jurisdiction 
of all matters and causes in the Supreme Court, except that division 
number two shall have exclusive cognizance of all criminal cases pend>- 
ing in said court: Provided, That a cause therein may be transferred 
to the court as provided in section four of this amendment. The 
division of busness of which said divisions have concurrent jurisdiction 
shall be made as the Supreme Court may determine. A majority of 
the judges of a division shall constitute a quorum thereof, and all orders, 
judgments and decrees of either division, as to causes and matters 
pending before it, shall have the force and effect of those of the court. 

(I) 

Sec. 2. Appointment and election of judges — term — divisions, 
how constituted — chief justice — presiding judges. — Upon the adoption 
of this amendment, the Governor shall apoint two additional judges 
of the .Supreme Court, who shall hold their offices until the first Monday 
in January, 1893, and at the general election in the year 1892 their 
successors shall be elected, who shall bold their offices for the term of 
ten years, as other judges of the Supreme Court. The two judges ap- 
pointed "by the Governor, together with the judge elected at the general 
election in the year 1890, shall constitute division number two, and the 
remaining judges shall constitute division number one. The court shall 
elect its chief justice and each division a presiding judge thereof. 

Sec. 3. Business divided, how — practice — opinions — original 
writs. — The Supreme Court shall assign to each division the causes 
and matters to be heard by it, of which assignm-ent due public notice 
shall be given, and all laws relating to practice in the Supreme Court, 
as well as the rules of the Supreme Court, shall apply to each division 
so far as they may be applicable thereto. The op'inion of each division 
shall be in writing, and shall be filed in the causes in which they shall 
be respectively made during the term at which the cause is submitted, 
and sitch opinions shall be a part of the records of the Supreme Court. 
Each division shall have authority to issue the original writs and exer- 
cise the powers enumerated in section three of article six of the Consti- 
tution. 

Sec. 4. Case transferred to court en banc, when. — When the 
judges of a division are equally divided in opinion in a cause, or when 
a judge of a division dissents from the opinion therein, or when a 
federal question is involved, the cause, on the application of the losing 
party, shall be transferred to the court for its decision ; or when a 
division in which p, cause is pending shall soi order, the cause shall be 
transferred to the court for its decision. (2) 

Sec. 5. Court may dispense with divisions — may re-divide. — 
Whenever in the opinion of the Supreme Court the state of its docket 
with reference to the speedy disposition of the business of the court 
will justify dispensing with the divisions hereinbefore provided, the 
court shall dispense therewith and the court shall thereafter hear and 
determine all causes pending in it: Privided, however, That the court 
shall have the power to again divide itself into two divisions, in like man- 
ner and with like power and effect as hereinbefore provided, whenever in 

(1) 105 Mo. 196, 204. 

(2) 137 Mo. 44; 138 Mo. 197; 168 Mo. 167. 



44 CONSTITUTION OF MISSOURI. [ARTS. VII AND VIII 

the opinion of six judges thereof, entexed of record, the condition of its 
docket with reference to the speedy disposition of the l>"s;"ff °*J^^ 
court so require; and in such division the four judges oldest in com- 
So.nsJall constitute division number one, and the remaining judges 

division number two. . . r ^, r~ .,..+;4-,,t,-^n r.f 

Sec 6 Repealing clause.-AU provisions of the Constitution ot 
the State, and all laws thereof not consistent with this amendment, 
shall, upon its adoption, be forever rescinded and of no ettect. 

ARTICLE VII. 

IMPEACHMENTS. 

Section i Officers liable to.— The Governor, Lieutenant-Gov- 
ernor Secretary of State, State Auditor, State Treasurer, Attorney- 
General, Superintendent of Public Schools and Judges of the Supreme, 
Circuit and Criminal Courts, and of the St. Louis Court of Appeals 
shall be liable to impeachment for high crimes or nmsdem^nors, and 
for misconduct, habits of drunkenness, or oppression m office. 

[See Const. 1865, Art. 7, Sec. 1.] 

Sec 2. House impeaches. Senate tries— proceedings— punish- 
ment— The House of Representatives shall have the sole power of 
impeachment. All impeachments shall be tried by the Senate, and, when 
sitting for that purpose, the Senators shall be swom to do justice ac- 
cording to law and evidence. When the Governor of the State is on 
trial, the Chief Justice of the Supreme Court shall preside. No person 
shall be convicted without the concurrence of two-thirds of the Senators 
present. But judgment in such cases shall not extend any further than 
removal from office, and disqualification to hold any office of honor, 
trust or profit under this State. The party, whether convicted or ac- 
quitted, shall, nevertheless, be liable to prosecution, trial, judgment and. 
punishment according to law. 

[Const. 1865, Art. 7, Sees. 1 and 2. Last sentence is new.] 

ARTICLE VIII. 

SUFFRAGE AND EI-ECTIONS. 

Section i. General elections, when held. — The general election 
shall be held biennially on the Tuesday next foUoiwing the first Monday 
in November. The first general election under this Constitution shall 
be held on that day, in the year on^e thousand eight hundred and seventy- 
six ; but the General Assembly may, by law, fix a different day — ^two- 
thirds of all the members of each house consenting thereto, (a) 

[Same In substance as Const. 1865, Art. 2, Sec. 2.] 

Sec. 2. Electors, qualifications of. — Every male citizen of the 
United States, an^d every male person of foreign birth who may have 
declared his intention to become a citizen of the United States ac- 
cording to law, not less than one year nor more than five years before 
he offers to vote, who is over the age of twenty-one years, possessing 
the following qualifications, shall be entitled to vote at all elections 
by the people: 

First, He shall have resided in the State one year immediately pre- 
ceding the election at which he offers to vote. 

(o) Omission to hold at proper time cannot be supplied by a subsequent election, 
not provided for by law. 43 Mo. 261. 



ART VIII.J CONSTITUTION OF MISSOURI. 45 

Second, He shall have resided in- the county, city or town where he 
shall offer to vote at least sixty days immediately preceding the elec- 
tion, (b) 

[Const. 1865, Art. 2, Sec. 18.] 

Sec. 3. Elections, how conducted and contested. — All elections 
by the people shall be by ballot ; every ballot voted shall be numbered 
in the order in which it shall be received, and the number recorded by 
the election officers on the list of voters, opposite the name of the 
voter who presents the ballot. The election officers shall be sworn or 
affirmed not to disclose how any voter shall have voted, unless re- 
quired to do so as witnesses in a judicial proceeding: Provided, That in 
all cases of contested elections the ballots cast may be counted, com- 
pared with the list of voters, and examined under such safeguards and 
regulations as mlay be prescribed by law. (c) 

[First proTision same as Const. 1865, Art. 2, Sec. 1. Remainder new.] 

Sec. 4. Voters free from arrest, when. — Voters shall, in all cases 
except treason, felony or breach of the peace, be privileged from arrest 
during their atendance at elections, and in going to and returning there- 
from. 

[Same in substance as Const. 1865, Art. 2, Sec. 22.] 

Sec. 5. Registration in cities and counties. — ^The General Assem- 
bly shall provide, by law, for the registration of all voters in cities and 
counties having a population of more than one hundred thousand in- 
habitants, and may provide for such registration in cities having a popu- 
lation exceeding twaity-five thousand inhabitants and not exceeding one 
hundred thousand, but not otherwise, (d) 

[See Const. 1865, Art. 2, Sec. 4.] 

.Sec. 6. Elections viva voce, when. — All elections, by persons in 
a representative capacity, shall be viva voce, (e) 

[New section.] 

Sec. 7. Residence as voter not gained or lost, when. — For the 
purpose of voting, no person shall be deemed to have gained a residence 
by reason of his presence, or lost it by reason of his absence while 
employed in the service, either civil or military, of this State, or of 
the United States, nor while engaged in the navigation of the waters 
of the State or of the United States, or of the high seas, nor while a 
student of any institution of learning, nor while kept in a poor house 
or other asylum at public expense, nor while confined in public prison. 
(/) 

[See Const. 1865, Art. 2, Sec. 20.] 

Sec. 8. Who disqualified as voters. — No person, while kept at 
any poor-house or other asylum, at public expense, nor while confined 
in any public prison, shall be entitled to vote at any election under the 
laws of this State. 

[New section.] 

Sec. 9. Contested elections, trial of, etc. — The trial and deter- 
mination of contested elections of all public officers, whether State, 

(B) 137 Mo. 628, 636; 92 Mo. 300. 

(0) 130 Mo. 621; 128 Mo. 256; 130 Mo. 530; 112 Mo. 213; ballot, number. 68 A. 121; 88 
Mo. 557. 

(d) 131 Mo. 505 ; 126 Mo. 652 ; 122 Mo. 68 ; 85 Mo. 64. Prospective operation. 98 Mo. 426. 

(e) 128 Mo. 256. 

(n 130 Mo. IS2L I I i 



46 CONSTITUTION OF MISSOURI. [aRT. IX 

judicial, municipal or local, except Governer and Lieutenant-Governor, 
shall be by the courts of law, or by one or more of the judges thereof. 
The General Assembly shall, by general law, designate the court or 
judge by whom the several classes of election contests shall be tried, and 
regulate the manner of trial amd all matters incident thereto; but no 
such law, assigning jurisdiction or regulating its exercises,_ shall apply 
to any contest arising out of any election held before said law shall 
take effect, (g) 

[See Const. 1865, Art. 2, Sees. 19 and 24.] 

Sec. 10. Criminals may be disqualified.— The General Assembly 
may enact laws excluding from the right of voting all person con- 
victed of felony or other infamous crime, or misdemeanor connected 
with the exercise oif the right of suffrage. 

[New section. See Const. 1865, Art. 2, Sec. 26.] 

Sec. II. Officers, soldiers and marines disqualified. — No officer, 
soldier or marine in the regular army or navy of the United States 
shall be entitled to vote at any. election in this State, (h) 

[Const. 1865, Art. 2, Sec. 16.] 

Sec. 12. Aliens not to be appointed or elected. — No person shall 
be elected or appointed to any oft"ice in this State, civil or military, who 
is not a citizen of the United States, and who shall not have resided 
in this State one year next preceding his election or apypointment. (i) 

[New section.] 

ARTICLE IX. 

COUNTIES, CITIES AND TOWNS. 

Section i. Counties now existing recognized, — The several coun- 
ties of this State, as they now exist, are hereby recognized as legal sub- 
divisions of the State. (;') 

[New section.] 

Sec 2. County seats, removal of, when submitted. — The General 
Assembly shall have no power to remove the county seat of any county, 
but the removal of county seats shall be provided for by general law; 
and no county seat shall be removed unless two-thirds of the qualified 
voters of the county, voting on the proposition at a general election, 
vote therefor; and no such proposition shall be submitted oftener than 
once in five years. All additions to a town which is a county seat shall 
be included, considered and regarded as part of the county seat, (fe) 

[Const. 1865, Art. 4, Sec. 30, modified.] 

Sec, 3. New counties, division of counties by vote, etc. — Thef 
General Assembly shall have no power to establish any new county 
with a territory of less than four hundred and ten square miles, nor to 
reduce any county now established to a less area or less population 
than required for a ratio of representation existing at the time; but 
when a new county is formed having a population less than a ratio 
of representation, it shall be attached for representative purposes to 

(g) 134 Mo. 10; 126 Mo. 652. School director. 112 Mo. 213; S8 Mo. 557; 81 Mo. 13; 
25 A. 563. 

(h) 140 Mo. 523. 

(i) 137 Mo. G36; 41 Mo. 227. 

(;•) City of St. Louis, i A. 347. 

(7c) 104 Mo. 459; 54 Mo. 391. i 



ART. IX.] CONSTITUTION OF MISSOURI. 47 

the county from which the greatest amount of territory is taken until 
such ratio shall be obtained. Nlo county shall be divided or have any 
portion stricken thereform without submitting the question to a vote 
of the people of the county, nor unless a majority of all the qualified 
voters of the county or counties thus affected, voting on the question, 
shall vote therefor; nor shall any new county be established, any line 
of which shall run within ten miles of the then existing county seat 
of any county. In all cases of the establishment of any new county, 
the new county shall be held for and obliged to pay its ratable propor- 
tion of all the liabilities then existing of the county or counties from which 
said new county shall be formed. (/) 

[Const. 1865, Art. 4, Sec. 31, modified.] 

Sec. 4. Counties, part stricken off, how. — No part of the territory 
of any county shall be stricken off and added to an adjoining county 
without submitting the question to the qualified voters of the counties 
immediately interested, nor unless a majority of all the qualified voters 
of the counties thus affected, voting on the question, shall vote there- 
for. When any part of a county is stricken off and attached to another 
county, the part stricken off shall be holden for and obliged to pay its 
proportion of all the liabilities then existing of the county from which 
it is taken. , 

[New section.] 

Sec. 5. New county, liability of. — When any new county, formed 
from contiguous territory taken' from older counties, or when any county 
to which territory shall be added taken from an adjoining county shall 
fail to pay the proportion of indebtedness of such territory to the county 
or counties from- which it is taken, then it may be lawful for any county 
from which such territory has been taken to levy and collect, by taxa- 
tion, the due proportion of indebtedness of such territory, in the same 
manner as if the territory had not been stricken off. 

[New section.] 

Sec. 6. Municipalities not to subscribe to capital stock of corpo- 
rations. — No county, township, city or other municipalty shall here- 
after becomie a subscriber to the capital stock of any railroad or other 
corporation or association, or make appropriation or donation, or loan 
its credit to or in aid of any such corporation or association, or to or 
in aid of any college or institution of learning or other institution, 
whether created for or to be controlled by the State or others. All au- 
thority heretofore conferred for any of the purposes aforesaid by the 
General Assembly, or by the charter of any corporation, is hereby re- 
pealed : Provided, hoiuever, That nothing in this Constitution contained 
shall affect the right of any such municipality to make such subscrip- 
tion, .where the same has been authorized under existing laws by a 
vote of the people of such municipality prior to its adoption, or to pre- 
vent the issue of renewal bonds, or the use of such other means as 
are or may be prescribed by law for the liquidation or payment of such 
subscription', or of any existing indebtedness, (m) 

[See Const. 1865, Art. 11, Sec. 14.] 

Sec. 7. Cities and towns, organization and classification. — ^The 
General Assembly shall provide, by general laws, for the organization 
and classification of cities and towns. The number of such classes 

m 55 Mo. 295; 49 Mo. 468. 

(m) 51 Mo. 522; 45 Mo. 458; 41 Mo. 453. 



48 CONSTITUTION OF MISSOURI. C^ET. IX 

shall not exceed four; and the power of each class shall be defined 
by general laws, so that all such municipal corporations of the same 
class shall possess the same powers and be subject to the ame restnc- 
tions. The General Assembly shall also make provisions, by general 
law, whereby any city, town or village, existing by virtue of any spe- 
cial or local law, may elect to become subject to, and be governed by, 
the general laws relating to such corporations, (m) 

[See Const 1865, Art. 8, Sec. 5.] 

Sec. 8. Township organization — county justices. — The General 
Assembly may provide, by general law, for township organization, un- 
der which any county may organize whenever a majority of the legal 
voters of such county, voting upon that proposition, at any general 
election, shall so determine; and whenever any county shall adopt town- 
ship organization, so much of this Constitution as provides for the 
management of county affairs, and the assessment and collection of the 
revenue by county officers, in conflict with such general law for town- 
ship organization, may be dispensed with, and the business of said county, 
and the local concerns of the several townships therein, may be trans- 
acted in such manner as may be prescribed by law: Provided, That 
the justices of the county court in such cases shall not exceed three in 
mimber. (o) 

[New section. Section, as amended, adopted in 1902.] 

Sec. 9. Township organization discontinued, how. — Iif any 
county which shall have adopted "township organization," the ques- 
tion of continuing the same may be sumbitted to a vote of the electors 
of such county at a general election, in the manner that shall be pro- 
vided by law; and if a majoHty of all the votes cast upon that question 
shall be against township organization, it shall cease in said county; 
and all laws in force in relation to counties not having township organi- 
zation, shall immediately take effect and be in force in such county. 

[New section.] 

Sec. 10. Sheriffs and coroners. — There shall be elected by the 
qualified voters in each county, at the time and places of electing repre- 
sentatives, a sheriff and coroner. They shall serve for two years, and 
until their successors be duly elected and qualified, unless sooner re- 
moved for malfeasance in office, and shall be eligible only four years 
in any period of six. Before entering on the duties of their office, 
they shall give security in the amount and in such manner as shall 
be prescribed by law. Whenever a county shall be hereafter established, 
the Governor shall appoint a sheriff and a coroner therein, who shall 
continue in office until the next succeeding general election, and until 
their successors shall be duly elected and qualified. (/>) 

[Ineligible four years in any period of eiglit years under Const. 1865, Art. 5, Sec. 22.] 

Sec. II. Sheriffs or coroner — vacancy in office. — ^Whenever a 
vacancy shall happen in the office of sheriff or coroner, the same shall 
be filled by the county court. If such vacancy happen in the office ol 
sheriff more than nine months prior to the time of holding a general 
election, such county court shall immediately order a special election 
to fill the same, and the person by it appointed shall hold office until 
the person chosen at such election shall be duly qualified; otherwise, 

(») 127 Mo. 642 ; 123 Mo. 479 ; 115 Mo. 572 ; 97 Mo. 543 ; 172 Mo. 237. 
(0) 138 Mo. 187 ; 123 Mo. 72 ; g5 Mo. 295 ; 49 Mo. 468. 
ip) ]L35 Mo. 325 ; 90 JIo. 2g9, 



ART. IX.J CONSTITUTION OF MISSOURI. 49 

the pei-son appointed by such county court shall hold office until the 
person chosen at such general election shall be duly qualified. If any 
vacancy happen in the office of coroner, the saine shall be filled for 
the remainder of the term by such county court. No person elected or 
appointed to fill a vacancy in either of said offices shall thereby be ren- 
dered ineligible for the next succeeding term, (q) 

[Const. 1865, Art. 5, Sec. 23.] 

Sec. 12. County officers — fees of. — The General Assembly shall, 
by a law uniform in its operation, provide for and regulate the fees of 
all county officers, and for this purpose may classify the counties by 
population, (r) 

[New section.] 

Sec. 13. Fees of county or city officers, limit — quarterly returns. 
The fees of no executive or ministerial officer of any county or munici- 
pality, exclusive of the salaries actually paid to his necessary depu- 
ties, shall exceed the sum of ten thousand dollars for any one year. 
Every such officer shall make return, quarterly, to the county court 
of all fees by him received, and of the salaries iDy him actually paid to 
his deputies or assistants, stating the same 'in detail, and verifying the 
same by his affidavit; and for any statement or omission in such re- 
turn, contrary to truth, such officer shall be liable to the penalties of 
willful and corrupt perjury, (s) 

[New section.] 

Sec. 14. Extra officers, duties and terms. — Except as otherwise 
directed by this Constitution, the General Assembly shall provide for 
the ejection or appointment of such other county, township and muni- 
cipal officers as public convenience may require; and their terms of 
office and duties shall be prescribed by law; but no term of office shall 
exceed four years. (;) 

[New section.] 

Sec. 15. City and county governments, consolidation of. — In all 
counties having a city therein containing over one hundred thousand 
inhabitants, the city and county government thereof may be consoli- 
dated in such manner as may be provided by law. 

[New section.] 

Sec. 16. Large cities may frame their own charters, how. — Any 
city having a population of moi'e than one hundred thousand inhabi- 
tants may frame a charter for its own government, consistent with 
and subject to the Constitution and laws of this State, by causing a 
board of thirteen freeholders', who shall have been for at least five 
years qualified voters thereof, to be elected by the qualified voters of 
such city at any general or special election; which board shall, within 
ninety days after such election, return to the chief magistrate of such 
city a draft of such charter, signed by the members of such board or 
a majority of them. Within thirty days thereafter, such proposed charter 
shall be submitted to the qualified voters of such city, at a general 
or special election, and if four-sevenths of such qualified voters voting 
thereat shall ratify the same, it shall, at the end of thirt}- days there- 

(3) 45 Mo. 68 ; 4 A. 347. 

(r) 127 Mo. 1. 

(s) 136 Mo. 309 ; 127 Mo. 1 ; 107 Mo. 327 ; CO A. 444. 

(«) 128 Mo. 653; 123 Mo. 43. 

0-4 



JO CONSTITUTION OF MISSOURI. [ABT, IX 

after, become the charter of such city, and supersede any existing char- 
ter and amendments thereof. A duplicate certificate shall be made, setting 
forth the charter proposed and its ratification, which shall be signed by the 
chief magistrate of such city and authenticated by its corporate seal. One 
of such certificates shall be deposited in the office of the Secretary of 
State, and the other, after being recorded in the office of the recorder 
of deeds for the county in which such city lies, shall be deposited arn'ong 
the archives of such city, and all courts shall take judicial notice thereof. 
Such charter, so adopted, may be amended by a proposal therefor, made 
by the law-making authorities of such city, published for at least thirty 
davs in three newspapers of largest circulation in such city, one of 
which shall be a newspaper printed in the German language, _ and ac- 
cepted by three-fifths of the qualified voters of such city, voting at a 
general or special election, and not otherwise; but such charter shall 
always be in harmony with and subject to the Constitution and laws 
of the State, (y) 

[New section.] 

Sf-C. 17. Provisions of such charters. — It shall be a feature of all 
such charters that they shall provide, among other things, for a mayor 
or chief magistrate, and two houses of legislation, one of which at 
least shall be elected by general ticket; and in submitting any such 
charter or amendment thereto to the quahfied voters of such city, any 
alternative section or article may be presented for the choice of the 
voters, and may be voted on separately, and accepted or rejected sep- 
arately, without prejudice to other articles or sections of the charter 
or any amendment thereto. (3) 

[New section.] 

Sec. 18. No person to be State and municipal officer, etc. — In 

cities or counties having more than two hundred tho'usand inhabitants, 
no person shall, at the same time, be a State officer and an officer of 
alny county, city or other mmnicipality : and no person shall, at the 
samle time, fill two municipal offices, either in the same or different 
municipalities; but this secton shall not apply to notaries public, jus- 
tices of the peace or officers of the militia, (a) 

[New section.] 

Sec. 19. Municipal indebtedness, payment of. — ^The corporate 
authorities of any county, city, or other iminicipal subdivision of this 
State, having more than two hundred thousand inhabitants, which has 
already exceeded the limit of indebtedness prescribed in section twelve 
of article X of this Constitution, may, in anticipation of the customary 
annual revenue thereof, appropriate, during any fisc^il year, toward the 
general governmental expenses thereof, a sum not exceeding seven- 
eighths of the entire revenue applicable to general governmental pur- 
poses (exclusive O'f the payment of the bonded debt of such county, 
city or municipality) that was actually raised by taxation alone dur- 
ing the preceding fiscal year ; but until such excess of indebtedness 
cease, no further bonded debt shall be incurred, except for the renewal 
of other bonds. 

[New section.] 

(v) 99 Mo. 352; 103 Mo. 141; 127 Mo. 422, 642; 140 Mo. 458; 64 A. 604. Special cliarters. 
73 A. 396. See 147 Mo. 259; 169 Mo. 80. 

(«) 134 Mo. 172; 91 Mo. 206; 90 Mo. 229; 8 A. 341. Constable— St. Louis. 69 Mo. 604. 

Marshal— St. Louis. 4 A. 377. See 169 Mo. 80. 

(a) 90 Mo. 229; 91 Mo. 206; 69 Mo. 504; 4 A. 377; S A. 341. 



ABT. IX, J . CONSTITUTION OF MISSOURI. - 5 1 

Sec. 20. City of St. Louis, extension of limits, adoption of charter. 

The city of St. Louis may extend its limits so as to embrace the parks 
now without its boundaries, and other convaiient and contiguous ter- 
ritory, and frame a charter for the government of the city thus en- 
larged, upon the following condition, that is to say: The council of 
the city and county court of the county of St. Louis shall, at the re- 
quest of the mayor of the city of St. Lonis, meet in joint session and 
order an election, to be held as provided for general elections, by the 
qualified voters of the city and county, of a board of thirteen free- 
holders of such city or county, whose duty shall be to propose a scheme 
for the enlargement and definition of the boundaries of the city, the 
reorganization of the government of the county, the adjustment of the 
relations between the city thus enlarged and the residiie of St. Louis 
county, and the government of the city thus enlarged, by a charter in 
harmony with and subject to the Constitution and laws of Missouri, 
which shall, among other things, provide for a chief executive and two 
houses of legislation, one of which shall be elected by general ticket, 
which scheme and charter shall be signed in duplicate by said board or 
a majority of them, and one of them returned to the mayor of the city 
and the 'Other to the presiding justice of the county court within ninety 
days after the election of such board. Within thirty days thereafter the 
city council and county court shall submit such schane to the qualified 
voters of the whole county, and such charter to the qualified voters of 
the city so enlarged, at an election to be held not less than twenty nor 
more than thirty days after the order therefor; and if a majority of 
such qualified voters, voting- at such election, shall ratify such scheme 
and charter, then such scheme shall become the organic law of the county 
and city, and such charter the organic law of the city, and at the end 
of sixty days thereafter shall take the place of and supersede the charter 
of St. Louis, and all amendments thereof, and all special laws relating to 
St. Louis county inconsistent with such scheme, (b) 

[New section.] 

Sec. 21. Scheme and charter, how authenticated — judicial notice, 
A copy of such scheme and charter, with a certificate thereto appended, 
signed by the mayor and authenticated by the seal of the city, and also 
signed by the presiding justice of the county court and authenticated 
by the seal of the county, setting forth the submission of such scheme 
and charter to the qualified voters of such cotmty and city, and its 
ratification by them, shall be made in duplicate, one of which shall be 
deposited in the office of the Secretary of State, and the other, after 
being recorded in the oflfice of the recorder of deeds of St. Louis county, 
shall be deposited among the archives of the city, and thereafter all 
courts shall take judicial notice thereof, (c) 

[New section.] 

Sec. 22. Charter, how amended. — The charter so ratified may be 
amended by proposals therefor submitted by the lawmaking authorities 
of the city to the qualified voters thereof, at a general or special elec- 
tion held at least sixty days after the publication of such proposals and 
accepted by three-fifths, of the qualified' voters voting for or against 
each of said amendments so submitted ; and the lawmaking authori- 

(6) 71 Mo. 470; 72 Mo. 67; 68 Mo. 320; 69 Mo. 289; 105 Mo. 537; 9 A. 255; 15 A. 25. 
Parks— intoxicating liquors. 109 Mo. 496. 

(c) 102 Mo. 582; 131 Mo. 412 ; 3 A. 388 ; 4 A. 347. 



52 



CONSTITUTION OF MISSOURI. [aRT. IX 



ties of such city may order am election by the qualified voters of the 
city of a board of thirteen freeholders of siich city to prepare a new 
charter for such city, which said charter shall be in harmony with and 
subject to the constitution and laws of the state, and shall provide, among 
other things, for a chief executive and at least one house of legislation 
to be elected by a general ticket. Said revised charter shall be sub- 
mitted to the qualified voters of such city at an election to be held not 
less than twenty nor more than thirty days after the order therefor, and 
if a majority of such qualified voters voting at such election ratify such 
charter, then said charter shall become the organic law of such city, and 
sixty days thereafter shall take effect and supersede the charter of such 
city and all special laws inconsistent therewith, (d) 

[New sectloD. Section, as amended, adopted in 1902.] 

Sec. 23. Charter in harmony with constitution and laws — various 
provisions under. — Such charter and amendments shall always be in 
harmony with and subject to the Constitution and laws of Missouri, 
except only that provision may be made for the graduation of the rate 
of taxation for city purposes in the portions of the city which are 
added thereto by the proposed enlargement of its boundaries. In the 
adjustment of the relations between city and county, the city shall take 
upon itself the entire park tax ; and in consideration of the city becoming 
the proprietor of all the county buildings and property within its en- 
larged limits, it shall assume the whole of the existing county debt, 
and thereafter the city and county of St. Louis shall be independent of 
each other. The city shall be exempted from all county taxation. The 
judges of the county court shall be elected by the qualified voters out- 
side of the city. The city, as enlarged, shall be entitled to the same 
representation in the General Assembly, collect the State revenue and 
perform all other functions in relation to the State, in the same man- 
ner, as if it were a county as in this Constitution' defined; and the 
residue of the county shall remain a legal county of the State of Mis- 
souri, under the name of the county of St. Louis. Until the next ap- 
portionment for Senators and Representatives in the General Assembly, 
the city shall have six Senators and fifteen Representatives, and the 
county one Senator and two Representatives, the same being the num- 
ber of Senators and Representatives to which the county of St. Louis, 
as now organized, is entitled under sections eight and eleven of article 
IV of this Constitution, (e) 

[New section.] 

Sec. 24. Courts of St. Louis, city and county. — The county and 
city of St. Louis, as now existing, shall continue to constitute the Eighth 
judicial circuit, and the jurisdiction of all courts of record, except the 
county court, shall continue until otherwise provided by law. (f) 

[New section. By Act of 1877, St. Louis county was taken out of the Eiglith circuit.] 

Sec. 25. St. Louis subordinate as other cities and counties. — Mot- 
withstanding the provisions of this article, the General Assembly shall 
have the same power over the city and county of St. Louis that it has 
over other cities and counties of this State.' (g) 

[New section.] 

[See cases cited under section 20, as construing Sees. 21, 22, 23, 24 and 25.] 

((?) 73 Mo. 435 ; 103 Mo. 141 ; 85 Mo. 64. " 

(c) CS Mo. 320; 69 Mo. 384, 40S ; 135 Mo. 340; 55 A. 43. TaxaUon. 49 Mo. 490. 

(f) 75 Mo. 147; 69 Mo. 408. 

(fl) 75 Mo. 147; 69 Mo. 408, 556. 



Art. X.] CONSTITUTIOK OI' MISSOURI. S3 



ARTICLE X. 

REVENUE AND TAXATION. 

Section i. Taxing power, how exercised. — The taxing power 
may be exercised by the General Assembly for State purposes, and 
by counties and other municipal corporations, under authority granted 
to them by the General Assembly, for county and other corporate pur- 
poses, (h) 

[New section.] 

Sec. 2. Power to tax corporations not to be surrendered. — ^The 
power to tax corporations and corporate property shall not be sur- 
rendered or suspended by act of the General Assembly, (i) 

fNew section.] 

Sec. 3. Taxes for public purposes must be uniform. — Taxes may 
be levied and collected for public purposes only. They shall be uni- 
form upon the same class of subjects within the territorial limits of the 
authority levying the tax, and all taxes shall be levied and collected 
by general laws. (;) 

TNew section.] 

Sec. 4. Taxes in proportion to value. — All property subject to 
taxation' shall be taxed in proportion to its value, (k) 

[Const. 1865, Art. 1, Sec. 30.] 

Sec. 5. Railway corporations, taxed for what purposes. — All rail- 
road corporations in this State, or doing business therein, shall be sub- 
ject to taxation for State, county, school, municipal and other purposes, 
on the real and personal property owned or used by them, and on their 

(ft) Power to tax. 43 Mo. 479 ; 80 Mo. 379 ; 122 Mo. 68 ; 123 Mo. 72 ; 145 Mo. 551. Pro- 
fessions and callings of same class may be taxed uniformily, regardless of income. 66 
Mo. 675; 69 Mo. 289; 12 Mo. 268; 49 Mo. 559; 75 Mo. 145; 70 Mo. 562; 16 A. 210. As to power 
to license, tax and regulate agents. 94 Mo. 630. Power given municipalities to levy 
taxes is self-inforcing. 69 Mo. 289. Dramsliop license not a tax. 78 Mo. 302. See also 143 
Mo. 287 ; 146 Mo. 662 ; 151 Mo. 49 ; 154 Mo. 375 ; 156 Mo. 534 ; 157 Mo. 301, 450 ; 158 Mo. 534 ; 
159 Mo. 45 ; 162 Mo. 1 ; 165 Mo. 641 ; 167 Mo. 654 ; 168 Mo. 151. 

(i) 40 Mo. 581; 47 Mo. 462. 

(./) 141 Mo. 619 ; 143 Mo. 287. Two per cent, tax on car lines. 107 Mo. 464 ; 146 Mo. 
662; 78 Mo. 661; 128 Mo. 152; 123 Mo. 72; 122 Mo. 68; 110 Mo. 445. Taxes must be uniform. 
136 Mo. 475 ; 84 Mo. 156 ; 140 Mo. 19 ; 93 Mo. 158 ; 90 Mo. 587. City may impose a license fee 
of two dollars on merchants whose stock is of less value than $1,000, and three dollars 
on stocks of greater value. 138 Mo. 38, 628. Collateral inheritance tax— act of 1895 un- 
constitutional. 145 Mo. 368. Assessment against private banker in name of banker up- 
held. 145 Mo. 371. See also 90 A. 450; 140 Mo. 419; 145 Mo. 368; 146 Mo. 543; 147 Mo. 259; 
151 Mo. 128 ; 153 Mo. 319 ; 154 Mo. 375 ; 160 Mo. 190 ; 164 Mo. 69 ; 165 Mo. 502 ; 169 Mo. 31 ; 170 
Mo. 81, 240; 171 Mo. 258; 172 Mo. 237. 

(k) 135 Mo. 309 ; 110 Mo. 445 ; 80 Mo. 379 ; 75 Mo. 208 ; 69 Mo. 127 ; 66 Mo. 675. This pro- 
vision is intended to prevent Inequality. 43 Mo. 479; 49 Mo. 490; 34 Mo. 546; 27 Mo. 495; 
15 Mo. 3 ; 14 Mo. 238. Taxing railroads. 55 Mo. 378. Ordinance imposing per capita 
tax on dogs, by way of license, constitutional. 101 Mo. 175. In opening streets special 
assessments can be made against adjoining owners. 44 Mo. 458 ; 31 Mo. 345 ; 30 Mo. 537 ; 
ffi Mo. 258, 505, 535 ; 94 Mo. 574. See 143 Mo. 287 ; 145 Mo. 368 ; 170 Mo. 81, 497. 



54 CONSTITUTION OF MISSOURI. [aET. X 

gross earnings, their net earnings, their franchises and their capital 
stock. (/.) 

[New section.] 

Sec. 6. Property exempt from taxation.— The property, real and 
personal, of the State, counties and other municipal corporatioris, and 
cemeteries, shall be exempt from taxation. Lots m mcorporated cities 
or towns, or within one mile of the limits of any such city or town, to 
the extent of one acre, and lots one mile or more distant from such 
cities or towns, to the extent of five acres, with the buildings thereon, 
may be exempted from taxation, when the same are used exclusively 
for religious worship, for schools, or for purposes purely charitable; 
also, such property, real or personal, as may be used exclusively _ for 
agricuhural or horticultural societies : Provided, That such exemptions 
shall be only by general law. (in) 

[The Const. 1865, exempted property belonging to the U. S., the State, counties 
and municipal corporations and public school property. Art. XI, Sec. 16. See Art. XIV, 
Sec. 1.] 

Sec. 7. Other exemptions void.— All laws exempting property 
from taxation, other than the property above enumerated, shall be void. 

fNew section.] 

Sec. 8. Rate for State purposes. — The State tax on property, ex- 
clusive of the tax necessary to pay the bonded debt of the State, shall 
not exceed twenty cents on the hundred dollars valuation; and when- 
ever the taxable property of the State shall amount to nine hundred 
million dollars, the rate shall not exceed fifteen cents, (n) 

[New section. Rate reduced to 15 cents in 1895.] 

Sec. 9. Liability of municipalities — no commutation. — ^No county 
city, town or other municipal corporation, nor the inhabitants thereof, 
nor the property therein, shall be released or discharged from their 
or its proportionate share of taxes to be levied for State purposes, nor 
shall commutation for such taxes be authorized in any form whatso- 
ever. 

[New section.] 

Sec. 10. General Assembly shall not tax municipalities, when. — 

The General Assembly shall not impose taxes upon counties, cities, towns 
or other municipal corporations or upon the inhabitants or property 
thereof, for county, city, town or other municipal purposes but may, 
by general laws, vest in the corporate authorities thereO'f the power to 
assess and collect taxes for such purposes. (0) 

[New section.] 

Sec. II. Rates for local purposes — limits — how increased for 
schools and erecting public buildings. — Taxes for county, city, town 
and school purposes may be levied on all subjects and objects of taxa- 
tion; but the valuation of property therefor shall not exceed the valua- 

(!) 80 Mo. 379; 92 Mo. 137; 97 Mo. 496; 111 Mo. 141; 115 Mo. B57 ; 116 Mo. 575; 12S Mo. 
152. 

(m) Scientific institutions. 116 Mo. 575 ; 12 A. 205. Hospitals, although patients pay, 
exempt. 10 A. 263. Cemeteries. 11 A. 560. School buildings. 17 Mo. 335. Abandonment 
of right to tax Is never presumed. 53 Mo. 17 ; 48 Mo. 282 ; 42 Mo. 308. City outlots may be 
exempted. '69 Mo. 127. Section applies, only, to general taxation. 44 Mo. 504; 50 Mo. 155. 
gee 145 Mo. 50, 230 ; 157 Mo. 51 ; 160 Mo. 190 ; 162 Mo. 332 ; 170 Mo. 81. 

(n.) 123 Mo. 72 ; 122 Mo. 68 ; 101 Mo. 120. 

(0) 122 Mo. 68; 78 Mo. 302 ; 69 Mo. 289 ; 62 Mo. 444; 165 Mo. 270. 



ART. Xj CONSTITUTION OP MISSOURI. 55 

tion of the same property in such town, city or school district for State 
and county purposes. For county purposes the annual rate on prop- 
erty, in counties having six million dollars or less, shall not, in the ag- 
gregate, exceed fifty cents on the hundred dollars valuation; in coun- 
ties having six million dollars and under ten million dollars, said rate 
shall not exceed forty cents on the hundred dollars valuation; in coun- 
ties having ten million dollars and under thirty million dollars, said 
rate shall not exceed fifty cents on the hundred dollars valuation ; and 
in counties having thirty million dollars or more, said rate shall not 
exceed thirty-five cents on' the hundred dollars valuation. For city 
and town purposes the annual rate on property in cities and towns 
having thirty thousand inhabitants or more shall not, in the aggregate, 
exceed one hundred cents on the hundred diollars valuation; in cities 
■ and towns having less than thirty thousand and over ten thousand 
inhabitants, said rate shall not exceed sixty cents on the hundred dol- 
lars valuation; in cities and towns having less than ten thousand and 
more than one thousand inhabitants, said rate shall not exceed fifty 
cents on the hundred dollars valuation ; and in towns having one thou- 
sand inhabitants or less, said rate shall not exceed twenty-five cents 
on the hundred dollars valuation. For school purposes in districts com- 
posed of cities which have one hundred thousand inhabitants or more, 
the annual rate on property shall not exceed sixty cents on the hundred 
dollars valuation, and in other disti'icts forty cents on the hundred dollars 
valuation : Provided, The aforesaid annual rates for school purposes 
may be increased, in districts formed of cities and towns to am amount 
not to exceed one dollar On the hundred dollars valuation, and in other 
districts to an amount not to exceed sixty-five cents on the hundred 
dollars valuation, on the condition that a majority of the voters who 
are tax^payers, voting at an election held to decide the question, vote 
for said increase. For the purpose of erecting public buildings in coun- 
ties, cities or school districts, the rates of taxation herein limited may be 
increased when the rate of such increase and the purpose for which 
it is intended shall have been submitted to a vote of the people, and 
two-thirds of the qualified voters of such county, city, or school district, 
voting at such election, shall vote therefor. The rate herein allowed 
to each county shall be ascertained by the amount of taxable property 
therein, according to the last assessment for State and county purposes, 
and the rate allowed to each city or town by the number of inhabitants, 
according to the last census taken under the authority of the State, or 
of the United States ; said restrictions as to rates shall apply to taxes of 
every kind and description, whether general or special, except taxes to 
pay valid indebtedness now existing, or bonds which may be issued in 
renewal of such indebtedness : Provided, That the city of St. Louis may 
levy for municipal purposes, in addition to the municipal rate of taxa- 
tion above provided, a rate not exceeding the rate which would be allowed 
for county purposes if said city were part of a county, {p) 

[New section. Section as amended (2 amendments) adopted in 1902.] 

(p) 141 Mo. 619; 132 Mo. 387; 123 Mo. 32, 72; 119 Mo. 593; UB Mo. 557; 108 Mo. 304; 103 
Mo. 382 ; 103 Mo. 192 ; 97 Mo. 496 ; 92 Mo. 137. Kates here prescribed cannot be exceeded. 95 
Mo. 569 ; 92 Mo. 137. Increase of rate for repair of court house, must be submitted to 
vote. 87 Mo. 246 ; 128 Mo. 188. Provision authorizing increase of levy for buiiding pur- 
poses requires legislation to render It operative. 74 Mo. 163 ; 75 Mo. 530. Also, 67 Mo. 203 ; 
146 Mo. 662; 151 Mo. 472; 152 Mo. 570; 160 Mo. 190; 168 Mo. 378. 



56 CONSTITUTION OF MISSOURI. [AKT. X 

Sec. iia. Special road tax levy authorized.— In addition to taxes 
authorized to' be levied for county purposes under and by virtue of 
section eleven, article lo of the Constitution of this State,_ the county 
court in the several counties of this State not under township organiza- 
tion, and the township board of directors in the several counties under 
township organization, may in their discretion, levy and collect a special 
tax not exceeding fifteen cents on each one hundred dollars valuation, 
to be used for road and bridge purposes, but for no other purpose what- 
ever; and the power hereby given said county courts and' township 
boards is declared to be a discretionary power. This constitutional amend- 
ment shall not apply to the cities of St. Louis, Kansas City and St. 
Joseph. 

[New section; adopted In 1900.] 

Sfx. 12. Municipal indebtedness, limit of. — No county, city, town, 
township, school district or other political corporation or subdivision of 
the State, shall be allowed to become indebted in any manner or for any 
purpose to an amount exceeding in any year the income and revenue pro- 
vided for such year, without the assent of two-thirds of the voters thereof 
voting at an election to be held for that purpose; nor in cases requiring 
such assent shall any indebtedness be allowed to be incurred to an amount 
including existing indebtedness, in the aggregate exceeding five per 
centum on the value Of the taxable property therein, to be ascertained 
by the assessment next before the last assessment for State and county 
purposes, previous to the incurring of such indebtedness: Provided, 
That with such assent any county may be allowed to become indebted 
to a larger amount for the erection- of a court house or jail : And pro- 
z'ided, further, That any county, city, town, to^vnshi'p, school district, 
or other political corporation or subdivision' of the State, incurring any 
■ indebtedness, requiring the assent of the voters as aforesaid, shall, be- 
fore or at the time of doing so, provide for the collection of an annual 
tax sufficient to pay the interest on such indebtedness as it falls due, 
and also to constitute a sinking fund for payment of the principal thereof, 
within twenty years from the time of contracting the same: Provided, 
That in the city of St. Louis the amount of tKDnds now aggregating 
$6,iii,ooo that being the amount assumed by said city in the scheme 
of separation from the county of St. Louis, and the sum of $5,808,000, 
heretofore, prior to January i, igoi, expended in the construction of 
waterworks for the city of St. Louis, and any bonds which may be 
hereafter issued by said city in the construction and improvement of 
waterworks, the payment of the interest whereon and the principal where- 
of shall be provided from the revenue of said waterworks; that is to 
say, the amount of said bonds which shall be outstanding at any time 
shall not be included in the computation of the existing bonded indebt- 
edness in determining the amount of bonds authorzed to be issued by said 
city with the assent of two-thirds of the voters under the provisions 
of this article, but said city shall be authorzed at any time to issue bonds 
with the assent aforesaid, to an amount including the outstanding in- 
debtedness other than that above named, to the amount of five per cent. 
of the value of the taxable property in said city, to be ascertained as above 
provided, and said city shall have power, with such assent of the voters, 
to issue bonds for the construction and improvement of waterworks, 
the interest whereon and the principal whereof shall be provided for 
from the income of said waterworks. Said city shall establish a sinking 
fund for the payment of the bonds so authorized according to the time 



ART. X,] CONSTITUTION OP MISSOURI. 57 

fixed for the maturity of the same: Provided, further, that in the city 
of Kansas City, the amiount of bonds issued by said city, bearing date 
July I, 1895, for acquiring waterworI<s and all bonds hereafter issued 
in renewal of said bonds or any portion thereof shall not be included in 
the computation of the existing bonded indebtedness of said city in de- 
termining the amount of bonds authorized to be issued by said city, with 
the assent of two-thirds of the voters under the provisions of this article, 
but said city shall be authorized at any time to issue bonds with the as- 
sent aforesaid to an amount including outstanding indebtedness, other 
than that above named, to the amount of five per centum of the value of 
the taxable property in said city to be ascertained as above specified: 
And provided, further, That the corporate authorities of the city of St. 
Louis are hereby authorized to issue interest bearing bonds of said 
city in the amount of five million dollars, at a rate of interest not to 
exceed four per cent, per annum, the principal payable within thirty years 
from the date of their issue, and the proceeds thereof shall be paid to 
the corporation organized for the celebration of the Louisiana Purchase 
Centennial in said city, to be used by said corporation for said cele- 
bration, in holding a World's Fair or Exposition in said city. And said 
corporate authorties of St. Louis shall be repaid as large a proportionate 
amount of the aid given by them^ as shall be repaid to the stockholders of 
said corporation on the sum subscribed and paid by them, and any sur- 
plus remaning from the assets of said corporation after said stockholders 
and sai'd city shall have been paid in full, shall be divided between said 
stockholders and said city in proprotion to the aggregate amount of caid 
stock so paid in and the amount so loaned by said city; and any amount 
so received by said city from said corporation shall be paid into the sink- 
ing fund of said city for the redemption of its outstanding bonds : Pro- 
vided, That if at the election for the adoption of this amendtoent to the 
Constitution a majority of the votes cast within the limits of said city of 
St. Louis voting for and against this amendment, shall be against its 
adoption, then no bonds shall be issued under this amendment : And pro- 
vided, further, That no such indebtedness so created shall be in any part 
thereof paid by the State or from any State revenue, tax or fund, but the 
same shall be paid by the city of St. Louis alone, {q) 

[New section, 1875. Section was amended in 1900 and again in 1902.] 

Sec. 12a. Id.. For waterworks, etc., in city of 30,000 and not less 
than 2,000. — Any city in this State containing not more than thirty 
thousand (30,000) nor less than two thousand (2,000) inhabitants, may, 
with the assent of two-thirds of the voters thereof voting at an election 
to be held for that purpose be allowed to become indebted in a larger 
amount than specified in section twelve of article ten (X) of the Con- 
stitution of this State, not exceeding an additional five (5) per centum 
on the value of the taxable property therein, for the purpose of pur- 
chasing or constructing waterworks, electric or other light plants, to be 
owned. exclusively by the city so purchasing or constructing the same: 
Provided, That any such city incurring any such indebtedness requiring 

((7) 128 Mo. 188 (overruling HI Mo. 385) ; 127 Mo. 627; 123 Mo. 72; 105 Mo. 382 (over- 
ruling 87 Mo. 239) ; 97 Mo. 30O ; 62 Mo. 444 ; 136 Mo. 498 ; 135 Mo. 31 ; 140 Mo. 145. Levy of 
scliool taxes on railroad property. 126 Mo. 480; 83 Mo. 395. County warrant, issued for 
indebtedness in one year may be paid out of revenues of succeedinif years. 114 Mo. 509 ; 
135 Mo. 31. See also 145 Mo. 371, 596; 152 Mo. 570; 153 Mo. 23; 164 Mo. 208; 165 Mo. 671; 
169 Mo. 563. 



58 CONSTITUTION OF MISSOURI. [AKT. X 

the assent of the voters as aforesaid, shall have the power to provuie 
for, and, before or at the time of incurring such indebtedness, shall pro- 
vide for the collection of an annual tax in addition to the other taxes 
provided for by this Constitution, sufficient to pay the interest on such 
indebtedness as it falls due, and also to constitute a sinking fund for the 
payment of the principal thereof, within twenty years from the time of 
contracting the same, any provision in this Constitution to the contrary, 
notwithstanding. 

[Section adopted in 1902.] 

Sec. 13. Private property not to be sold for corporate debt. — The 

private property shall not be taken or sold for the payment of the corpo- 
rate debt of a municipal corporation. 

TNew section.] 

Sec. 14. Ordinance 1865, abolished — payment of State debt.— -The 

tax authorized by the sixth section of the ordinance adopted June sixth, 
one thousand eight hundred and sixty-five, is hereby abolished, and here- 
after there shall be levied and collected an annual tax sufficient to pay the 
accruing interest upon the bonded debt of the State, and to reduce the 
principal thereof each year by a sum not less than two hundred and fifty 
thousand dollars ; the proceeds of which tax shall be paid into the State 
treasury, and appropriated and paid out for the purposes expressed in 
the first and second subdivisions of section forty-three of Article IV of 
this Constitution. The funds and resources now in the State interest 
and State sinking funds shall be appropriated to the same purposes ; and 
whenever said bonded debt is extinguished, or a sum sufficient therefor 
has been raised, the tax provided for in this section shall cease to be 
assessed. 

[New section.] 

Sec. 15. Deposit of State funds by treasurer — how disbursed. — 

All moneys now, or at any time hereafter, in the State treasury, belonging 
to the State, shall, immediately on receipt thereof, be deposited by the 
Treasurer to the credit of the State for the benefit of the funds to which 
they respectively belong, in such bank or banks as he may, from time to 
time, with the approval of the Governor and Attorney-General, select, 
the said bank or banks giving security, satisfactory to the Governor and 
Attorney-General, for the safe keeping and payment of such deposit, 
when demanded by the State Treasurer on his check^such bank to pay 
a bonus for the use of such deposits not less than the bonus paid by other 
banks for similar deposits ; and the same, together with such interest 
and profits as may accrue thereon, shall be disbursed by said Treasurer 
for the purposes of the State, according to law, upon warrants drawn by 
the State Auditor, and not otherwise. (■;-) 

[New section.] 

Sec. 16. Treasurer's account. — The Treasurer shall keep a sepa- 
rate account of the funds, and the number and amount of warrants re- 
ceived, and from whomi; and shall publish, in such manner as the Gov- 
ernor may designate, quarterly statements, showing the amount of State 
moneys and where the same are kept or deposited. 

[New section.] 

Sec. 17. Officer not to speculate in public funds — felony. — ^The 
making of profit out of State, county, city, town or school district money, 

(r) 136 Mo. 537. 



*^^- ^-l CONSTITUTION OF MISSOURI. eg 

or using the same for any purpose not authorized by law, by any public 
officer, shall be deemed a felony, and shall be punished as provided by 

fNew section.] 

Sec i8. State Board of Equalization— members— There shall be 
a btate Board of Equalization, consisting of the Governor, State Auditor 
State Treasurer, Secretary of State and Attorney-General. The duty of 
said board shall be to adjust and equalize the valuation of real and per- 
sonal property among the several counties in the State, and it shall per- 
form such other duties as are or may be prescribed by law. (s) 

FNew section.] 

Sec. 19. Money to be paid as appropriated— limit— how, con- 
tinued—receipts and expenditures.— No moneys shall ever be paid out 
of the treasury of this State, or any of the funds under its management 
except m pursuance of an appropriation by law ; nor unless such payment 
be made, or a warrant shall have issued therefor, within two years after 
the passage of such appropriation act ; and every such law, making a 
new appropriation, or continuing or reviving an ap.propriation, shall dis- 
tinctly specify the sum appropriated, and the object to which it is to be 
applied ; arid it shall not be sufficient to refer to any other law to fix such 
sum pr object. A regular statement and account of the receipts and ex- 
penditures of all public money shall be published from time to time. (;) 

[New except first clause. Const. 1865, Art. XI. See. 6.] 

Sec. 20. Money from loans— how applied. — The moneys arisin"- 
from' any loan, debt or liability, contracted by the State, or any county, 
city, town or other municipal corporation, shall be applied to the purposes 
for which they were obtained, or to the payment of such debt or liability, 
and not otherwise. 

[New section.] 

Sec. 21. Corporations — fees to be paid when incorporated. — Ko 
corporation, company or association, other than those formed for benev- 
olent, religious, scientific or educational purposes, shall be created or or- 
ganized under the laws of this -State, unless the persons named as cor- 
porators shall, at or before the filing of the articles of association or in 
corporation, pay into the State treasury fifty dollars for the first fifty 
thousand dollars or less of capital stock, and a further sum of five dollars 
for every additional ten thousand dollars of its capital stock. And no 
such corporation, company or association shall increase its capital stock 
without first paying into the treasury five dollars for every ten thousand 
dollars of increase: Proznded, That nothing contained in this section 
shall be construed to prohibit the General Assembly from levying a 
further tax on the franchises of such corporation, (m) 

[New section.] 

Sec. 26. [22] Certificates of indebtedness held as sacred obliga- 
tions — levy for payment of interest. — All certificates of indebtedness 

is) Authorizes Board of Equalization to act witliout further legislation. 64 Mo. 
294. Compensation. 97 Mo. 162; 122 Mo. 33. 

(t) Treasurer lias no discretionary power. 49 Mo. 604. Appropriations lapse after 
biennial terms for wWch made. 64 Mo. 526; 66 Mo. 385. Unexpended balance, reappro- 
prlated, stands on same footing as an original appropriation. 99 Mo. 122. Money de- 
posited with Treasurer by investment companies, under act of 1895, does not fall within 
the provisions of this section. 136 Mo. 537. See 142 Mo. 575 ; 153 Mo. 23 ; 160 Mo. 190, 218. 

(«) Legislature cannot exempt building associations from incorporation tax. 95 Mo. 
193. Educational corporation exempt. 99 Mo. 552; 30 A. 285; 61 A. 407. 



6o CONSTITUTION OF MISSOURI. [aRT. Xl 

of the State to the "public school fund" and to the "seminary fund" 
are hereby confirmed as sacred obligations of the State to said funds 
and they shall be renewed as they mature for such period of time and 
at such rate of interest as may be provided for by law. 1 he general 
Assembly shall have the power to provide by law for the issuing cer- 
tificates to the public school fund and seminary fund as the money be- 
longing to said funds accumulates in the State treasury: Provided Ih^X 
after the outstanding bonded indebtedness has been extinguished, all 
money accumulating in the State treasury for above named purposes 
shall be invested in registered county, municipal, or school district bonds 
of this State of not less than par value. Whenever the State bonded debt 
is extinguished or a sum sufficient therefor has been received, there shall 
be levied and collected in lieu of the ten cents on the one hundred 
dollars valuation now provided for by the Statutes, an annual tax not 
to exceed three cents on the one hundred dollars valuation to pay the 
accruing interest on all the certificates of indebtedness, the_ proceeds 
of which tax shall be paid into the State treasury and appropriated and 
paid out for the specific purposes herein mentioned. 

[Section adopted in 1902.] 

ARTICLE XI. 

EDUCATION. 

Section i. Free schools — school ages. — A general diffusion of 
knowledge and intelligence being essential to the preservation of the 
rights and liberties of the people, the General Assembly shall establish 
and maintain free public schools for the gratuitous instruction of all 
persons in this State between the ages of six and twenty years, {v) 

[Const. 1865, Art. 9, Sec. 1, modified.] 

Sec. 2. School funds, how disbursed — ^what districts entitled to. 

The income of all funds provided by the State for the support of free 
public schools shall be paid annually to the several county treasurers, to 
be disbursed according to law; but no. school district, in which a free 
public school has not been maintained at least three months during the 
year for which the distribution is made, shall be entitled to receive any 
portion of such funds, (zy) 

[See Const. 1865, Art. 9, Sec. 7.] 

Sec. 3. Colored children, separate schools for. — Separate free 
public schools shall be established for the education of children of African 
descent, {x) 

[Const. 1865, Art. 9, Sec. 2.] 

Sec. 4. Board of education. — The supervision of instruction in 
the public schools shall be vested in a "Board of Education," whose pow- 
ers and duties shall be prescribed by law. The Superintendent of Public 
Schools shall be president of the Board. The Governor, Secretary of 
State and Attorney-General shall be ex officio members, and, with the 
Superintendent, compose said Board of Education, (y) 

[Const. 1865. Art. 9, Sec. 3, modified.] 

Sec. 5. State University — curators. — The General Assembly 
shall whenever the Public School fund will permit and the actual neces- 

(d) "Common school" defined. 77 Mo. 484. "Colored schools." 103 Mo. 546. 
(w) 27 A. 36; 170 Mo. 240. 

(m) Not In conflict with Federal Constitution. 103 Mo. 546. 

(i/) Text-book commission. 115 Mo. 271. Collateral Inheritance tax. 143 Mo. 287. 
(New act passed 1899, Laws of 1889.) See 170 Mo. 240. 



ART. XI. J CONSTITUTION OF MISSOURI. 6l 

sity of the same may require, aid and maintain the State University, now 
estabhshed, with its present departments. The government of the State 
University shall be vested in a Board of Curators, to consist of nine mem- 
bers, to be appointed by the Governor, by and with advice and consent of 
the Senate. 

[See Const. 1865, Art. 9, Sec. 4.] 

Sec. 6. Public school fund, from whence derived, not to be 
diverted. — The proceeds of all lands that have been or hereafter may 
be granted by the United States to this State, and not otherwise ap- 
propriated by this State or the United States; also, all moneys, stocks, 
bonds, lands and other property now belonging to any State fund for 
purposes of education; also, the net proceeds of all sales of lands and 
other property and effect that may accrue to the State by escheat, from 
unclaimed dividends and distributive shares of the estates of deceased 
persons; also, any proceeds of the sales of the public lands which may 
have been or hereafter may be paid over to this State (if Congress 
will consent to such appropriation) ; also, all other grants, gifts or 
devises that have been or hereafter may be made to this State, and 
not otherwise appropriated by the State or the terms of the grant, gift 
or devisC; shall be paid into the State treasury, and securely invested 
and sacredly preserved as a Public School fund; the annual income 
of which fund, together with so much of the ordinary revenue of the 
State as may be by law set apart for that purpose, shall be faithfully 
appropriated for establishing and maintaining the free public schools 
and the State University in this article provided for, and for no other 
uses or purposes whatsoever, {z) 

[See Const. 1865, Art. 9, Sec. 5.] 

Sec. 7. Deficiency, how provided for— minimum from State reve- 
nue. — In case the Public School fund now provided and set apart by 
law, for the support of free public schools, shall be insufficient to sus- 
tain a free school at least four months in every year in each school 
district in this State, the General Assembly may provide for such de- 
ficiency in accordance with section eleven of the article on revenue and 
taxation ; but in no case shall there be set apart less than twenty-five 
per cent, of the State reventie, exclusive of the interest and sinking 
fund, to be applied annually to the support of the public schools, {a) 

[Const. 1865, Art. 9, Sec. 8, modified.] 

Sec. 8. County school fund, whence derived. — All moneys, stocks, 
bonds, lands and other property belonging to a county school fund, 
also the net proceeds from the sale of estrays, also the clear proceeds 
of all penalties and forfeitures, and of all fines collected in the several 
counties for any breach of the penal or military laws of the State, and 
all moneys which shall be paid by persons as an equivalent for ex- 
emption from military duty, shall belong to and be securely invested 
and sacredly preserved in the several counties as a county public school 
fund; the income of which fund shall be faithfully appropriated for 
establishing and maintaining free public schools in the several counties 
of this State, {b) 

[Const. 1865, Art. 9, Sec. 5, witli additions and clianges.] ^^^^^ 

(«) 77 Mo. 484; 98 Mo. 362. 
(a) 27 A. 36. 

(6) 68 Mo. 56; 71 Mo. 434; 111 Mo. 161; 38 A. 523; 140 Mo. 282; 74 Mo. 404. Pines and 
forfeitures. 116 IVIo. 537. Forfeited recognizance. 124 Mo. 492. 



62 CONSTITUTION OF MISSOURI. [ART. XII 

Sec g Public school fund, how invested.— No part of the public 
school fund of the State shall ever be invested in the stock or bonds 
or other obligations of any other State, or of any county city, town 
or corporation; and the proceeds of the sales of any lands or other 
property which now belong or may hereafter belong to said school fund 
shall be invested in the bonds of the State of Missouri, or of the United 

^t3,tCS ( C) 

[Under Const. 1865, Art. 9, Sec. 6, school fund could only be invested in United 
States bonds.] 

Sec. id. County school fund, bow invested.-^AU county school 
funds shall be loaned only upon unencumbered real estate security of 
double the value of the loan, with personal security in addition thereto. 

rConst. 1865, Art. 9, Sec. 6.] 

Sec. II. Religious or sectarian schools— public funds not to be 
paid or property granted to.— Neither the General Assembly nor any 
county, city, town, township, school district or other municipal cor- 
poration, shall ever make an appropriation or pay from any public fund 
whatever, anything in aid of any religious creed, church or sectarian 
purpose, or to help to support or sustain any private or public school, 
academy, seminary, college, university or other institution of_ learning 
controlled by any religious creed, church or sectarian denomination what- 
ever ; nor shall any grant or donation of personal property or real estate 
ever be made by the State or any county, city, town or other muni- 
cipal corporation, for any religious creed, church or sectarian purpose 
whatever. 

[New section.] 

ARTICLE XII. 

CORPORATIONS. 

Section i. Existing charters or grants without validity, when. — 

All existing charters or grants of special or exclusive privileges, under 
which a bona fide organization shall have not taken place, and busi- 
ness been commenced in good faith, at the adoption of this Constitu- 
tion, shall thereafter have no validity. 

[New section.] 

Sec. 2. Not to be created by special laws. — No corporation, after 
the adoption of this Constitution, shall be created by special laws ; nor 
shall any existing charter be extended, changed or amended by special 
laws, except those for charitable, penal or reformatory purposes, which 
are under the patronage and control of the State, (d) 

[See Const. 1865, Art. 7, Sec. 4.] ' 

Sec. 3. Legislature not to remit forfeited charters. — ^The General 
Assembly shall not remit the forfeiture of the charter of any corpora- 
tion now existing, or alter or amend such forfeited charter, or pass any 
other general or special laws for the benefit of such corporation. 

[New section.] 

Sec. 4. Eminent domain, right of State in corporation property — 

trial. — The exercise of the power and right of eminent domain shall 
never be so construed or abridged as to prevent the taking, by the 
General Assembly, of the property and franchises of incorporated com- 

(c) 45 Mo. 528. 

(d) 123 Mo. 56. 



ART. XII. J CONSTITUTION OF MISSOURI. 



63 



panies already organized or that may be hereafter organized, and sub- 
jecting them to the pubhc use, the same as that of individuals The 
right of trial by jury shall be held inviolate in all trials of claims for 
compensation, when in the exercise of said right of eminent domam 
any incorporated company shall be interested either for or aeain=t the 
exercise of said right, (e) 
[New section.] 

^^""■f t c?^!" PT^'" °^ *^ State.— The exercise of the police 
power of the State shall never be abridged, or so construed as to per- 
mit corporations to conduct their business in such manner as to in- 
fringe the equal rights of individuals, or the general well-being of the 
btate. (f) '^ 

[New section.] 

Sec. 6. Shareholders, number of votes in election of directors — 
In all elections for directors or managers of anv incorporated company, 
each shareholder shall have the right to cast as many votes in the ag- 
gregate as shall equal the number of shares so held by him or her in 
said company, multiplied by the number of directors or managers to be 
elected at such election ; and each shareholder may cast the whole num- 
ber of votes, either in person or by proxy for one candidate, or dis- 
tribute such votes among two or more candidates; and such directors 
or managers shall not be elected in any other manner, (g) 

[New section.] 

Sec. 7. Corporation — business limited by charter — power to hold 
real estate. — No corporation shall engage in business other than that 
expressly authorized in its charter or the law under which it may have 
been or hereafter may be organized, nor shall it hold any real estate for 
any period longer than six years, except such as may be necessary and 
proper for carrying on its legitimate business, (h) 

[New section.] 

Sec. 8. Stock and bonded debt, how issued or increased. — No 
corporation shall issue stock or bonds, except for money paid, labor done 
or property acutally received, and all fictitious increase of stock or indebt- 
edness shall be void. The stock and bonded indebtedness of corporations 
shall not be increased except in pursuance of general law, nor without 
the consent of_ the persons holding the larger amount in value of the 
stock first obtained at a meeting called for the purpose, first giving sixty 
days' public notice, as may be required by law. (*) 

[New section.] 

Sec. 9. Stockholders, extent of liability. — Dues from private cor- 
porations shall be secured by such means as may be prescribed by law, 
but in no case shall any stockholder be individually liable in any amount 
over or above the amount of stock owned by him or her. (/) 

[Const. 1865, Art. 7, Sec. 6. StoclJlioIder liable for double amount of his stoclj.] 

(e) 125 Mo. 82. Trial by jury. 96 Mo. 611; 103 Mo. 634; 106 Mo. 458, 557; 113 Mo. 132, 
390; 118 Mo. 599;'U7 Mo. 138; 119 Mo. 357; 120 Mo. 389; 128 Mo. 75, 272. Condemnation- 
private property— Judicial proceeding. 110 Mo. 147, 345 ; 15 A. 152. 

(/) 121 Mo. 298. 

(g) 52 A. 430; 64 A. 225; 78 Mo. 188. 

(h) 119 Mo. 9; 125 Mo. 43; 144 Mo. 562; 48 Mo. 37. 

(«) 86 Mo. 239; 97 Mo. 617. Labor done on property received. 131 Mo. 620; 113 Mo. 
330 : US Mo. 238. Fictitious stocif . 143 Mo. 109. 

(/) 65 Mo. 208; 10 A. 499; 8 A. 424. 



64 CONSTITUTION OF MISSOURI. ' [^BT. Xll 

Sec io. Preferred stock, how issued.-No corporation shall issue 
preferred .stock without the consent of all the stockholders. 

[New '"=*"'°]^ J defined.— The term corporation, as used in 

this aScle sha^rrc^°S-ued to include all joint stock companies or 
assocSSns having any powers or privileges not possessed by individuals 
of partnerships, (k) 

[New secUon.] 

RAILROADS. 

Sec 12 Discrimination prohibited— commutation tickets.— It 
shall not be lawful in this State for any railway company to charge 
for freight or passengers a greater amount, for the transportation of 
the same, for a less distance than the amount charged for any greater 
distance ; and suitable laws shall be passed by the General_ Assembly 
to enforce this provision; but excursion and commutation tickets may 
be issued at special rates. (/) 

[New section.] 

Sec. 13. May construct and operate, connect and intersect other 
lines— freight. — Any railroad corporation or association, organized for 
the purpose, shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State line 
with railroads of other states. Every railroad company shall have the 
right, with its road, to intersect, connect with or cross any other rail- 
road, and shall receive and transport each the other's passengers, ton- 
nage and cars, loaded or empty, without delay or discrimination, (w) 

[New section.] 

Sec. 14. Railways public highways — laws against extortion, etc. 

Railways heretofore constructed, or that may hereafter be constructed 
in this State, are hereby declared public highways, and railroad com- 
panies common carriers. The General Assembly shall pass laws to cor- 
rect abuses and prevent unjust discrimination and extortion in the rates 
of freight and passenger tariffs on the different railroads in this State, 
and shall from time to time pass laws establishing reasonable maximum 
rates of charges for the transportation of passengers and freight on 
said railroads, and enforce all such laws by adequate penalties, (w) 

[New section.] 

Sec. 15. Shall have public office, keep books — meetings of di- 
rectors. — Every railroad or other corporation, organized or doing busi- 
ness in this State under the laws or authority thereof, shall have and 
maintain a public office or place in this State for the transaction of its 
business, where transfers of stock shall be made, and where shall be 
kept, for public inspection, books in which shall be recorded the amount 
of capital stock subscribed, the names of the owners of the stock, the 
amounts owned by them respectively, the amount of stock paid, and 
by whom, the transfer of said stock, with the date of transfer, the 
amount of its assets and liabilities, and the names and places of resi- 
dence of its officers. The directors of every railroad company shall 

(fc) 128 Mo. 75. 

(!) S3 Mo. 454; 94 Mo. 453 ; 3S A. 191 ; 101 Mo. 247. 
(m) 97 Mo. 457; 109 Mo. 187; HI Mo. 666; 118 Mo. 599; 15 A. 152. 
(71) S3 Mo. 454; 110 Mo. 286; 116 Mo. 81; 137 Mo. 529. Railroads, public highways. 110 
Mo. 272 ; 122 Mo. 375, Taxation of railroad property for street purposes. 123 Mo. 546. 



ART. XII. J CONSTITUTION OF MISSOaRI. 65 

hold one meeting annually in this State, public notice of which shall 
be given thirty days previously, and shall report annually under oath, 
to the State Auditor, or some officer designated by law, all of their acts 
and doings, which report shall include such matters relating to rail- 
roads as may be prescribed by law. The General Assembly shall pass 
laws enforcing, by suitable penalties, the provisions of this section. 
io) 

[New section.] 

Sec. 16. Property subject to execution — no law to be passed 
exempting. — ^The rolling stock and all other movable property belong- 
ing to any railroad company or corporation in this State shall be con- 
sidered personal property, and shall be liable to execution and sale in 
the same manner as the personal property of individuals ; and the Gen- 
eral Assembly shall pass no law exempting any such property from 
execution and sale. (/>) 

[New section.] 

Sec. 17. Shall not consolidate with parallel lines. — No railroad 
or other corporation, or the lessees, purchasers or managers of any 
railroad corporation shall consolidate the stock, property or franchises 
of such corporation' with, or lease or ptirchase the works of franchises 
of, or in any way control, any railroad corporation owning or having 
under its control a parallel or competing line; nor shall any officer of 
such railroad corporation act as an officer of any other railroad cor- 
poration owning or having the control of a parallel or competing line. 
The question whether railroads are parallel or competing lines shall, 
when deman'ded, be decided by a jury, as in other civil issues, (q) 

[New section.] 

Sec. 18. Consolidation with foreign companies. — If any railroad 
company organized under the laws of this State shall consolidate, by 
sale or otherwise, with any railroad company organized under the laws 
of any other state, or of the United States, the same shall not thereby 
become a foreign corporation; but the courts of this State shall retain 
jurisdiction in all matters which may arise, as if said consolidation had 
not taken place. In no case shall any consolidation take place, except 
upon pubHc notice of at least sixty days to all stockholders, in such 
manner as may be provided by law. 

[New section.] 

Sec. 19. Laws retrospective or in aid of corporations forbidden. 
The General Assembly shall pass no law for the benefit of a railroad 
or other corporations, or any individual or association of individuals, 
retrospective in its operation, or which imposes on the people of any 
county or municipal subdivision of the State, a new liability in respect 
to transactions or considerations already past. 

[New section.] 

Sec. 20. Street railroad, franchise, how granted.— No law shall be 
passed by the General Assembly granting the right to construct and 
operate a street railroad within any city, town, village, or on any public 
highway, without first acquiring the consent of the local authorities hav- 
ing control of the street or highway proposed to be occupied by such 

(0) 128 Mo. 75. 

(p) Meclianics' lien— enforcement— rolling stock. 74 Mo. 374. 
(g) 135 Mo. 230. 
0-5 



66 CONSTITUTION OF MISSOURI. [ART. XII 

Street railroad; and the franchises so granted shall not be transferred 
without similar assent first obtained, (r) 

[New section.] 

Sec. 21. Railroad corporation, benefit of future legislation.— No 
railroad corporation in existence at the time of the adoption of this 
Constitution shall have the benefit of any future leg-islation, except on 
condition of complete acceptance of all the provisions of this Constitu- 
tion applicable to railroads. 

[New section.] 

Sec. 22. Officer of railroad not to be interested in business.— Xo 

president, director, ofificer, agent or employe of any railroad company 
shall be interested, directly or indirectly, in furnishing material or sup- 
plies to such company, or in the business of transportation as a com- 
mon carrier of freight or passengers over the works owned, leased, con- 
trolled or worked by such company. 

[New section.] 

Sec. 23. Discrimination between companies and individuals. — 

No discrimination in charges or facilities in transportation shall be made 
between transportation companies and individuals, or in favor of either, 
by abatement, drawback or otherwise ; and no railroad company or any 
lessee, manager or employe thereof, shall make any preference in furnish- 
ing cars or motive power, (j) 

[New section.] 

Sec. 24. Free passes, granting to State officers, forfeiture. — No 

railroad or other transportation company shall grant free passes' or 
tickets, or passes or tickets at a discount, to members of the General 
Assembly, or members of the Board of Equalization, or any State, or 
county, or municipal officers ; and the acceptance of such pass or ticket, 
by a member of the General Assembly, or any such officer, shall be a 
forfeiture of his office. 

[New section.] 

BANKS. 

Sec. 25. State banks and State owning stock in corporations for- 
bidden. — No State bank shall hereafter be created, nor shall the State 
own or be liable for any stock in any corporation, or joint stock com- 
pany, or association for banking purposes, now created or hereafter to 
be created. 

[See Const. 1865, Art. 8, Sees. 1 and 2.] 

Sec. 26. Act creating banks to be submitted to the people. — No 

act of the General Assembly authorizing or creating corporations or 
associations with banking powers (except banks of deposit or discount), 
nor amendments thereto, shall go into effect, or in any manner be 
enforced, unless the same shall be submitted to a vote of the qualified 
voters of the State, at the general election next suceeding the passage 
of the same, and be approved by a majority of the votes cast at such 
election, (t) 

[See Const. 1865, Art. 8, Sees. 1 and 2.] 



(r) lU Mo. 666 ; 130 Mo. 10. 

(s) City ordinance requiring street railroads to malie quarterly reports of num- 
ber of passengers carried is valid. 14 A. 221. Carriers may charge less than publlslied 
rates, provided they make no discrimination between shippers. 94 Mo. 453. Railroads 
cannot grant exclusive or peculiar privileges in the carriage of passengers to and from 
Its depots. 101 Mo. 247. 

(t) 125 Mo. 43; 144 Mo. 562. 



ART, XIII.] CONSTITUTION OF MISSOURI. 67 

Sec. 27. Banks, insolvent, not to receive deposits. — It shall be a 
crime, the nature and punishment of which shall be prescribed by law, for 
any president, director, manager, cashier or other ofificer of any banking 
institution, to assent to the reception of deposits, or the creation of 
debts by such banking institution, after he shall have had knowledge 
of the fact that it is insolvent, or in failing circumstances; and any 
such officer, agent or manager shall be individually responsible for such 
deposits so received, and all such debts so created with his assent, {u) 

[New section.] 

ARTICLE XIII. 

MILITIA. 

Section t. Military duty, persons liable to. — All able-bodied male 
inhabitants of this State between the ages of eighteen and forty-five 
years, who are citizens of the United States, or have declared 'their 
intention to become such citizens, shall be liable to military duty in the 
militia oif this State: Provided, That no person who is religiously 
scrupulous of bearing arms can be compelled to do so, but may be 
compelled to pay an equivalent for military service, in such manner 
as shall' be prescribed by law. (v) 

[Proviso new. Const. 1865, Art. 10, Sec. 1.] 

Sec. 2. Militia, organization of. — The General Assembly, iii pro- 
viding for the organization, equipment and discipline of the militia, 
shall conform, as nearly as practicable, to the regulations for the gov- 
ernment of the armies of the United States. 

[New section.] 

Sec. 3. Officers, election of. — Each company and regiment shall 
elect its own company and regimental officers; but if any company or 
regiment shall neglect to elect such officers within the time prescribed 
by law, or by the order of the Governor, they may be appointed by the 
Governor. 

[Const. 1865, Art. 10, Sec. 3.] 

Sec. 4. Companies, infantry and cavalry may be formed. — ^Volun- 
teer companies of infantry, cavalry and artillery may be- fornied in 
such manner and under such restrictions as may be provided by law. 

[New section.] 

Sec. 5. Forces, privileged from arrest, when. — The volunteer and 
militia forces shall in all cases, except treason, felony and breach of 
the peace, be privileged from arrest during their attendance at musters, 
parades: and elections, and in going to and returning from the same. 

[New section.] 

Sec. 6. Officers, Governor shall appoint. — ^The Governor shall ap- 
point the Adjutant-General, Quartermaster-General and his other staff 
officers. He shall also, with the advice and consent of the Senate, ap- 
point all Major Generals and Brigadier Generals. 

[New section.] 

Sec. V- Arms and records, State shall keep.— The General As- 
sembly shall provide for the safe keeping of the public atms, military 
records, banners and relics of the State. 

[New section.] 

(m) 125 Mo. 43 ; 131 Mo. 464. ProMbitory clause self enforcing. S3 Mo. 488. Private 
banks. 120 Mo. 479 ; 13 A. 108 

(v) 71 A. 32. 



TjR CONSTITUTION" OF MISSOURI. [ART. XIV 



ARTICLE XIV. 

MISCELLANEOUS PROVISIONS. 

Section i. Public lands—taxing land of United States and non- 
residents.— The General Assembly of this State shall never interfere 
with the primary disposal of the soil by the United States, nor with 
any regulation which Congress may findi necessary for securing the 
title in such soil to bona Me purchasers. No tax shall be imposed on 
lands the property of the United States; nor shall lands belonging to 
persons residing out of the limits of this State ever be taxed at a 
higher rate than the lands belonging to persons residing within the 
State, (w) 

[Const. 1865, Art. 11, Sec. 1.] 

Sec. 2. Immunity from punishment for acts during civil war, 
when. — No person shall be prosecuted' in any civil action or criminal 
proceeding for or on account of any act by him done, performed or 
executed between' the first day of January, one thousand eight hundred 
and sixty-one, and the twentieth day of August, one thousand eight 
hundred and sixty-six, by virtue of military, authoritj- vested in him, 
or in pursuance of orders from any person vested with such authority 
by the government of the United States, or of this State, or of the 
late Confederate States, or any of them, to do such act. And if any 
action or proceedings shall have been or shall hereafter be instituted 
against any person for the doing of any such act, the defendant may 
plead this section in bar thereof, (x) 

["Or of late Confedefrate States," new. Const. 1865, Art. 11, Sec. 4.] 

Sec. 3. Dueling prohibited. — No person who shall hereafter fight 
a duel, or assist in the same as a second, or send, accept or knowingly 
carry a challenge therefor, or agree to go out of this State to fight a 
duel, shall hold any oiifice in this State. 

[Const. 1865, Art. 11, Sec. 5.] 

Sec. 4. United States officer not to hold State office. — No person 
holding an office of profit under the United States shall, during his 
continuance in such office, hold any office of profit under this State. 

[Const. 1865, Art. 11, Sec. 7.] 

Sec. 5. Tenure of office. — In the absence of any contrary provis- 
ion all officers now or hereafter elected or appointed, subject to the 
right of resignation, shall hold office during their official terms, and 
until their successors shall be duly elected or appointed and qua'lified 

(y) 

[Const. 1865, Art. 11, Sec. 8.] 

Sec 6. Oath of office.— All officers, both civil and military, under 
the authority of this State, shall, before entering on the duties' of their 
respective offices, take and subscribe an oath, or affirmation, to sup- 
port the Constitution of the United States and of this State, and to 
demean themselves faithfully in office, (s) 

[New section.] 



(w) 42 Mo. 382. 

(.X) 41 Mo. 184; 42 Mo. 508; 4» Mo. 17, 144, 185. 

(J/) 135 Mo. 325; 139 Mo. 106; 130 Mo. 690. 

(«) 135 Mo. 325 ; 120 Mo. 428 ; 101 Mo. 499. Special Judge. 22 A. 435. 



ABT. XV.] CONSTITUTION OF MISSOURI. 6^ 

Sec. 7. County, city, etc., officers — removal from office, when. — 
The General Assembly shall, in addition to other penatlies, provide for 
the removal from office of county, city, town or township officers, 
on conviction of willfull, corrupt or fraudulent violation or neglect of 
official duty, (a;) 

[New section.] 

Sec. 8. Officers' fees, etc., not to be increased nor term extended. 
The compensation or fees of no State, county or municipal officer shall 
be increased during his term of office ; nor shall the term of any office 
be extended for a longer period than that for which such officer was 
elected or appointed, (b) 

[New section.] 

Sec. 9. Appointment of officers. — The appointment of all officers 
not otherwise directed by this Constitution shall be made in such man- 
ner as may be prescribed by law. (bb) 

[New section.] 

Sec. 10. Lotteries prohibitd. — The General Assembly shall have 
no power to authorize lotteries or gift enterprises for any purpose, and 
shall pass laws to prohibit the sale of lottery or gift enterprise tickets, 
or tickets in any scheme in the nature of a lottery, in this State ; and all 
acts or parts of acts heretofore passed by the Legislature of this State, 
authorizing a lottery or lotteries, and all acts amendartory thereof or 
supplemental thereto, are hereby avoided, (c) 

[See Const. 1865, Art. 4, Sec. 28.] 

Sec. II. Officers having public funds, grand jury to investigate.^ 

It shall be the duty of the grand jury in each county, at least once 
a year, to investigate the official acts of all officers having charge of 
public funds, and report the result of their investigations, in writing, 
to the court. 

[New section.] 

Sec. 12. Members General Assembly not to be arrested, when.^ — 
Senators and Representatives shall, in all cases, except treason, felony, 
or breach of the peace, be privileged from arrest durng the session of 
the General Assembly, and for fifteen days next before the commence- 
ment and after the termination of each session ; and for any speech or 
debate in either house they shall not be questioned in any other place. 

[Const. 1865, Art. 4, Sec. 16.] 

ARTICLE XV. 

MODE OF AMENDING THE CONSTITUTION. 
[As to mode of amending Constitution, see Laws 1881, p. 88, and Laws 1883, p. 47.] 

Section i. Constitution, how amended. — ^This Constitution may 
be amended and revised only in pursuance of the provisions of this 
article. 

[See Const. 1865, Art. 12, Sec. 1.] 

(a) 94 Mo. 430 ; 119 Mo. 383 ; 88 Mo. 144 ; 123 Mo. 43. 

ib) 119 Mo. 32; 107 Mo. 603. City officers, appointed by council, not within meaning 
of this section. 123 Mo. 43. Township organization. 92 Mo. 428. Collector of water 
rates. S7 Mo. 158. Decrease. 45 A. 489 ; 72 Mo. 648; 73 Mo. 78; 78 Mo. 98. 

(!»6) 167 Mo. 680. 

(c) 61 Mo. 110; 134 Mo. 380. 



70 CONSTITUTION OF MISSOURI. [SCH. 

Sec. 2. General Assembly may propose amendments— submitted 
to vote.— The General Assembly may, at any time, propose such 
am,endm«i.ts to this Constitution^ as a majority of the members elected 
to each house shall deem expedient ; and the vote thereon shall be 
taken by yeas and nays, and entered in full on the journals The pro- 
posed amendments shall be published with the laws of that session, 
and also shall be published weekly in some newspaper, if such there De, 
within each county in the State, for four consecutive weeks next pre- 
ceding the general eletion then next ensuing. The proposed artierid- 
ments shall be submitted to a vote of the people, each amendment 
separately, at the next general election thereafter, in such manner as 
the General Assembly may provide. If a majonty of the qualihed 
voters of the State, voting for and against any one of said amenuments, 
shall vote for such amendment, the same shall be deemed and taken to 
have been ratified by the people, and shall be valid and binding, to all 
intents and purposes, as a part of this Constitution, (d) 

[See Const. 1865, Art. 12, Sec. 2.] 

Sec. 3. Constitution, how revised, etc.— The General Assembly 
mav at any time authorize, by law, a vote of the people to be taken upon 
the' question whether a convention shall be held for the purpose of revis- 
ing and amending the Constitution of this State ; and if at such election 
a majority of the votes on the question be in favor of a convention, the 
Governor shall issue writs to the sheriffs of the different counties, ordering 
the election of delegates to such a convention, on a day not less than 
three and within six months after that on which the said question shall 
have been voted on. At such election each Senatorial district shall elect 
two delegates for each Senator to which it maj^ then be entitled in the 
General Assembly, and every such delegate shall have the qualifications 
of a State Senator. The election shall be conducted in conformity mth 
the laws regulating the election of Senators. The delegates so elected shall 
meet at such time and place as may be provided by law, and organize them- 
selves into a convention, and proceed to revise and amend the Constitu- 
tion; and the Constitution, when so revised and amended, shall, on a 
day to be therein fixed, not less than sixty days or more than six months 
after than on which it shall have been adopted by the convention, be 
submitted to a vote of the people for and against it, at an election to be 
held for that purpose; and if a majority of all the votes given be in 
favor of such Constitution, it shall, at the end of thirt}- days after such 
election, become the Constitution of this State. The result of such elec- 
tion shall be made known by proclamation by the Governor. The General 
Assembly shall have no power, otherwise than in this section specified, 
to authorize a convention for revising and amending the Constitution. 
(c) 

[Spc Cimsl". 1865, Art. 12, Sec. 3.] 

SCHEDULE. 

Existing laws, rights and actions. — That no inconvenience may 
arise from the alteration and amendments in the Constitution of this State, 
and to carr\- the same into complete effect, it is hereby ordained and 
declared : 

Section j. That all laws in force at the adoption of this Constitu- 



te) 132 Mo. 410; 4 Mo. 303; 164 Mo. 69; 166 Mo. 2S7 ; 16S Mo. 3<1S : 94 A. 27, 
(e) 40 Mo. 192. 



SCH,] CONSTITUTION OF MISSOURI. 71 

tion, not inconsistent therewith, shall remain in full force until altered or 
repealed by the General Assembly; and all rights, actions, prosecutions, 
claims and contracts of the State, counties, individuals or bodies cor- 
porate, not inconsistent therewith, shall continue to be as valid as if 
this Constitution had not been adopted. The provisions of all laws 
which are inconsist«nit with this Constitution shall cease upon its adop- 
tion, except that all laws which are inconsistent with such provisions 
of this Constitution as require legislation to enforce them shall remain 
in force until the first day of July, one thousand eight hundred and 
seventy-seven, unless sooner amended or repealed by the General As- 
sembly. (/) 

Sec. 2. Existing obligations — criminal proceedings. — That all re- 
cognizances, obligations, and all other instruments entered into or exe- 
cuted before the adoption of this Constitution to this State, or to any 
subdivision thereof .or any" municipality therein; and all fines, taxes, 
penalties and forfeitures due or owing to this State, or any such sub- 
division or municipality; and all writs, prosecutions, actions and causes 
of action, except as herein otherwise provided, shall continue and re- 
main unaffected by the adoption of this Constitution. All indictments 
which shall have been found, or may hereafter be found for any crime 
or offense committed before this Constitution takes effect, may be pro- 
ceeded upon as if no change had taken place, except as otherwise pro- 
vided in this Constitution. 

Sec. 3. County and probate courts. — All county and probate 
courts, as now constituted and organized, shall continue with their juris- 
diction, until the General Assembly shall by law conform them in their 
organization to the requirements of this Constitution, (g) 

Sec. 4. Criminal courts. — All criminal courts organized and exist- 
ing under the laws of this State, and not specially provided for in this 
Constitution, shall continue to exist until otherwise provided by law. (h) 

Sec. 5. Courts of common pleas. — All courts of common pleas 
existing and organized in cities and towns having a population exceeding 
three thousand five hundred inhabitants, and such as by the law of their 
creation are presided over by a judge of a circuit court, shall continue to 
exist and exercise their present jurisdiction until otherwise provided by 
law. All other courts of common pleas shall cease to exist at the expira- 
tion of the present terras of office of the several judges thereof, (i) 

Sec. 6. Persons now in office. — All persons now filling any affice 
or appointment in this State shall continue in the exercise of the duties 
thereof, according to their respective commissions or appointments unless 
otherwise provided by law. 

Sfx. 7. Appeals and writs of error. — Upon the adoption of this 
Constitution, all appeals to and writs of error from the Supreme Court 
shall be returnable to the Supreme Court at the City of Jefferson. 

Sec. 8. Bonded debt— payment of.— Until the General Assembly 
shall make provision for the payment of the State,and railroad indebted- 
ness of this State, in pursuance of section fourteen of Article X of this 
Constitution, there shall be levied and collected an annual tax of one-fifth 
of one per centum on all real estate and other property and effects subject 
to taxation, the proceeds of which shall be applied to the payment of the 

(f) 64Mo. 58; 97 Mo. 196; 103 Mo. 634; 106 Mo. 557; 107 Mo. 464. 

(g) 64 Mo. 58 ; 73 Mo. 636. 

(7s) 64 Mo. 58; 66 Mo. 192: 71 Mo. 454. 
(j) 64 Mo. 58; 71 Mo. 454; 73 Mo. 636. 



72 CONSTITUTION OF MISSOURI. [SCH. 

interest cm the bonded debt of this State as it matures, and the surplus, 
if any, shall be paid into the sinking fund and thereafter applied to the 
payment of such indebtedness, and to no other purpose. 

Sec. 9. Election for adoption or rejection of this Constitution. — 
This Constitution shall be submitted to the people of this State for adop- 
tion or rejection, at an election to he held for that purpose only, on Sat- 
urday, the thirtieth day of October, one thousand eight hundred and sev- 
enty-five. Every person entitled to vote under the Constitution and laws 
of this State shall be entitled to vote for the adoption or rejection of 
this Constitution. Said election shall be held and said qualified elec- 
tors shall vote at the usual places of voting in the several counties of 
this State; and said election shall be conducted and returns thereof 
made according to the laws now in force regulating general elections. 

Sec. id. Poll-books, ballots, etc. — The clerks of the several county 
courts in this State shall, at least five days before said election, cause to 
be delivered to the judges of election in each election district or precinct 
in their respective counties, suitable blank poll-books, forms of return 
and five times the number of properly prepared printed ballots for said 
election that there are voters in said respective districts, the expense where- 
of shall be allowed and paid by the several county courts, as other 
county expenditures are allowed and paid. 

Sec. II. Ballots, forrr. of. — At said election the ballots shall be in 
the follownig form: New Constitution ticket (erase the clause you do 
not fafvor.) New Constitution, — Yes. New Constitution, — ^No. Each of 
said tickets shall be counted as a vote for or against this Constitution, as 
the one clause or the other may be cancelled with ink or pencil by the 
voter, and returns thereof shall be made accordingly. If both clauses of 
the ticket be erased, or if neither be erased, the ticket shall not be counted. 

Sec. 12. Returns of election— proclamation by Governor. — The 
returns of the whole vote cast for the adoption and against the adoption 
oif this Constitution shall be made by the several clerks, as now provided 
by law in case of the election of State officers, to the Secretary of State, 
within twenty days after the election ; and the returns of said votes shall, 
within ten days thereafter, be examined and canvassed by the State 
Auditor, State Treasurer and Secretary of State, or any two of them, in 
the presence of the Governor, and proclamation! shall be made by the 
Governor forthwith of the result of the canvass. 

Sec. 13. Result of election — Constitution to take effect, when. — 
If, upon such canvass, it shall appear that a majority of the votes polled 
Avere in favor of the new Constitution, then this Constitution shall, on 
and after the thirtieth day of November, one thousand eight hundred 
and seventy-five, be the supreme law of the State of Missouri, and the 
present existing Constitution shall thereupon cease in all its provisions; 
but if it shall appear that a majority of the votes polled were against the 
new Constitution, then this Constitution shall be null and void, and the 
existing Constitution shall continue in force. 

Sec. 14. Schedule to take effect, when. — The provisions of this 
schedule required to be executed prior to the adoption or rejection of this 
Constitution, shall take eflfect and be in force immediately. 

Sec. 15. Laws to enforce Constitution. — The General Assembly 
shall pass all such laws as may be necessary to carry this Constitution 
into full effect. 

[In aid of a constitutional provision, the Legislature m.iy enact any measure not 
specially forbidden, i A. 259; 127 Mo. 1.] 



SCH.J CONSTITUTION OF MISSOURI. 73 

Sec. 1 6. Existing executive officers, provisions as to. — The 
present Secretary of State, State Auditor, Attorney-General and Super- 
intendent of Public Schools shall, during the remainder of their terms of 
office, unless otherwise directed by law, receive the same compensation 
and fees as is now provided by law ; and the present State Treasurer shall, 
during the remainder of the temi of his office, continue to be governed by 
existing law, in the custody and disposition of the State funds, unless 
otherwise directed by law. 

Sec, 17. Arrests and preliminary examinations. — ^Section twelve 
of the Bill of Rights shall not be so construed as to prevent arrests and 
preliminary examination in any criminal case. 

Done in Convention, at the Capitol in the City of Jefferson, on the 
second day of August, in the year of our Lord one thousand eight hun- 
dred and seventy-five, and of the Independence of the United States the 
one hundredth. 

WALDO P. JOHNSON, President, St. Clair countv. 
N. W. WATKINS, Vice-President, Scott county. 
Adams, Washington, Cooper. 
Ali,en, DeWitt C, Clay.. 
Allexander, a. M., Monroe. 
Black, Francis M., Jackson. 
Boone, Henry^ DeKalb. 
Bradfield, George W., Laclede. 
Broadhead, James O., St. Louis. 
Brokmeyer, Henry C, St. Louis. 
Carleton, George W., Pemiscot. 
Chrisman, Wilijam, Jackson. 
Conway, Edmund V., St. Francois. 
Cottey, Louis F., Knox. 
Crews, T. W. B., Franklin. 
Crockett, Samuel R., Vernon. 
Davis, Lowndes Henry, Cape Girardeau. 
Dryden, Leonidas J., Warren. 
Dysart, Benjamin Robert^ Macon. 
Edwards, John F. T., Iron. 
Edwards, James C, St. Louis. 
EiTzEN, Charles D., Gasconade. 
Farris, James L., Ray. 
Fyan, Bobert W., Webster. 
Gantt, Thomas Tasker, St. Louis. 
GoTTSCHALK, Louis, St. Louis. 
Hale, John B., Carroll. 
Halliburton, W., Sullivan. 
Hammond, Charles, Chariton. 
Hardin, Neil Cameron, Pike. 
Holliday, J. a., Caldwell. 
Hyer, John, Dent. 
Johnson, Horace B., Cole. 
Johnston, T. J., Nodaway. 
Lackland, Henry Clay, St. Charles. 
Letcher, Wm. H., Saline. 
Lay, Alfred M., Cole. 
Mabrey, Pinckney, Ripley. 
Massey, B. F., Newton. 



74 CONSTITUTION OF MISSOURI. [SCH] 

Maxey, James Harvey^ Howell. 
McAfeEj Charles B., Greene. 
McKee, Archibald V., Lincoln. 
McCabe, Edward, Marion. 
McKiLLOP, Malcolm, Atchison. 
MoRTELL, Nicholas A., St. Louis. 
MuDD, Henry Thomas, St. Louis. 
NicKERSON, Edmund A., Johnson. 
Norton, Elijah Hise, Platte. 
Pipkin, Philip, Jefferson. 
Priest, William, Platte. 
Pulitzer, Joseph, St. Louis. 
Ray, John, Barry. 
Rider, J. H., Bollinger. 
RiPPEY, J. R., Schuyler. 
Roberts, James C, Buchanan. 
Ross, J. P., Morgan. 
Ross, John W., Polk. 
RucKER, John Fleming, Boone. 
Shackelford, Thomas, Howard. 
Shanklin, John H., Grundy. 
Shields, George H., St. Louis. 
Spaunhorst, Henry J., St. Louis. 
Switzler, William F., Boone. 
Taylor, John H., Jasper. 
Taylor, Amos Riley, St. Louis. 
Todd, Albert, St. Louis. 
Wagner, L. J., Scotland. 
Wallace, Henry C, Lafayette. 

G. N. NOLAN, Secretary 
Attest: J. Boyle Adasis, Assistant Secretary. 



INDEX 



A 

ABSENT MEMBERS— Art. Sec. 

attendance compelled 4 IS 

noted on calling yeas and nays i 42 

ACCUSED— 

rights in criminal cases 3 22 

ADJOURNMENT— 

of General Assembly 4 21-23 

AD QUOD DAMNUM 2 21 

ALIENS— 

cannot hold office 8 12 

AMENDMENTS— 

to U. S. Constitution 2 3 

to Missouri Constitution 15 1-3 

duty of Supreme Court 15 2 

of bills 425,29,30 

report of committee of confer- 
ence 4 32 

by substitution 4 34 

APPEALS— 

from Courts of Appeals 6 12 

exclusive appellate iurisdiction 
of Supreme Court, § 5 of 

Amdt. to ° 

where returnable, Sch 7 

APPORTIONMENT— 

of Representatives 4 2-8 

Senators 2 7 

APPROPRIATIONS- 

order of 4 « 

how made 1" 1= 

when act takes effect 4 36 

act may contain several sub- 
jects 4 28 

ARMS— 

right to bear 2 17 

does not mean concealed weap- 
ons 4 17 

not compelled to as military 
duty 13 1 

Legislature provide for safe 
keeping 13 7 

ARREST, who privileged from— 

legislators 14 12 

militia 13 » 

voters 8 4 

not to apply to arrests for 

crime, Sch 17 

ATTAINDER 2 13 

ATTOENET-GENBEAL— 

is of the executive department. 5 1 

shall reside at capital 5 1 

election, term of office 5 Z 

returns, tie, how determined... 6 3 

qualifications of » 19 



AUDITOR- Art. 

is of the executive department. 5 

shall reside at State capital... 5 

election, term of office 5 

returns— ties, how determined. . 5 

ijualiflcatlons of 5 

shall give information to Gov- 
ernor 5 

B 

BAIL— 

in general 2" 

excessive prohibited 2 

BANKS— 

State banks prohibited 12 

State not to own stock 12 

act creating submitted to peo- 
ple 12 

insolvent not to receive depos- 
its 12 

BILL OP EIGHTS— 

object of 2 

BILLS— 

style of laws 4 

amendments not to change 

original purpose 4 

origin to be reajl, when 4 

reported upon and printed 4 

but one subject, title, etc 4 

amendments engrossed and 

printed 4 

returned from either house 

amended 4 

final vote on a bill 4 

amendments how concurred in. 4 
act not to be revived by refer- 
ence 4 

amendments by substitution ... 4 

motion to reconsider 4 

laws, time of taking effect — 4 
to be signed by presiding of- 

of ficers 4 

to be approved by the Gov- 
ernor 4 

course if not approved 4 

failure of Governor to approve 4 

revision of laws 4 

journal to be published— yeas 

and nays 4 

BOARD OF EDUCATION 11 

BOARD OP EQUALIZATION 10 

BOUNDARIES of State 1 

c 

CEMETEEIES— 

churches may own land for — 2 
certiorari, jurisdiction of Su- 
preme Court 6 



Sec. 
1 
1 
2 
3 
19 

22 



24 
25 



25 
25 



26 

27 



24 

25 
26 
27 
28 



30 
31 
32 

33 
34 
35 
36 



38 
39 
40 
41 

42 
4 

18 
1 



INDEX. 



CERTIFICATES OF INDEBTEDNESS— 

Art. Sec. 
rate to pay interest on 10 26 

CHARITIES— 

uot to be taxed 10 6 

CHARTERS- 

of large cities, judicial notice 

of 9 16 

features of 9 17 

of St. Louis 9 20-2.3 

CHIEF JUSTICE— 

of Supreme Court 6 3 

of Courts of Appeals G 16 

section 4 of amendment to ar- 
ticle 6 

CHURCHES— See Religion and Re- 
ligious Corporations. 

support of 2 6, 7 

holding real estate 2 8 

exempt from taxation 10 6 

no aid by the State 2 7 

no discrimination against 2 7 

CIRCUIT COURT— 

jurisdiction and terms 6 22,25 

circuits may be changed 6 24 

election, terms and duties of 

judges 6 25 

qualifications of judges 6 26 

of St. Louis county 6 27 

provision for additional judges 6 28 

vacancy in office of .iudges 6 29 

removal of judges for disabil- 
ity 6 41 

CITIES- 

subscription by, prohibited 9 6 

organization and classification. 9 7 
consolidation with county gov- 
ernment 1. 9 15 

charters of large cities 9 16,17 

See Municipal Corporations^ St. Louis. 

CLERKS- 

of Courts of Appeals 6 18 

of Supreme Court 6 21 

of probate courts 6 35 

election of 6 35, 40 

tie's and contests 6 40 

COLLECTORS— 

failure to account 2 19 

COMMITTEES— 

compensation of 4 16 

COMPENSATION— See Fees— 

in eminent domain 2 21 

of President of Senate 5 18 

of judges of Courts of Appeals 6 13 
of members of General Assem- 
bly 4 16 

CONCEALED WEAPONS— 

carrying prohibited 2 17 

CONDEMNATION OF PRIVATE 

PROPERTY 2 20,21 

CONGRESS, MEMBER OF— 

not eligible to Legislature 4 12 

CONSCIENCE— 

rights of 2 5 

CONSTITUTION— 

nature of : See note to pre- 
amble, 
construction of, see note to 
preamble. 

amendment of 15 1,3 

as to existing laws, rights, 

etc., Soh 1,2 

new, adoption of, Sch 9,13 

to take effect, when, Sch 13 

laws to enforce, Sch 15 



Art. Sec. 
CONSTITUTION OF UNITED STATBS- 
in relation to State govern- 
ment ' 

as to retrospective laws 2 15 

CONSTRUCTION— 

see note to preamble. 

by legislature ■* ^ 

CONTEMPT— 

Imprisonment for, note 2 15 

CONTESTED ELECTIONS— 

generally S 9 

of executive officers 5 26 

of judges 6 ^0 

of clerks of courts 6 40 

CONTRACTS— 

for support of religion 2 S 

laws impairing obligation of.. 2 15 

CORONERS : See Sheriffs- 
election and appointment of... 9 10' 
vacancy in office 9 11 

CORPORATIONS— 

religious, how created 2 8- 

- contracts with the State, note. 2 15 

religious, how •'•reated 2 8- 

release of debts prohibited — 4 51 

power to tax 10 2 

dues from on capital stock — 10 2] 

unorganized 12 I 

shall not be created by special 

laws 12 2- 

forfeited charters '. 12 3' 

eminent domain, jury trial 12 4 

subject to police power 12 5 

election of directors 12 6" 

not to engage in other busi- 
ness 12 T 

power to hold real estate 12 7 

Increase of stock 12 8 

liability of stockholder 12 9" 

preferred stock 12 10 

corporation defined 12 11 

See Banks, Railroads, Municipal 
Corporations. 

CORRUPTION OP BLOOD 2 13 

COUNSEL— 

in criminal prosecutions 2 22' 

COUNTIES— 

existing counties recognized... 9 1 

size of new counties 9 3 

division of representation 9 3 

parts stricken off, liability of. 9 4, 5 

subscription by, prohibited 9 S 

power of legislature over, note 9 9' 
consolidation with city gov- 
ernment 9 15 

COUNTY COURTS: See Courts. 

jurisdiction, judges, etc 6 36- 

existing, continued, etc., Sch.. .. 5 

COUNTY JUSTICES— 

under township organization.. '9 8 

COUNTY SEATS— 

removal of 9 2 

COURTS OF APPEALS— 

St. Louis Court of Appeals 6 13 

Kansas City Court of Appeals. 
(See amendment of 1884, at end 
of Art. 6.) 
COURTS— 

to be open 2 10- 

establishing 4 1 

enumerated 6 1 

existing, to continue 6 42 

of St. Louis county 9 25 

of Common Pleas, Sch 5- 

See Clerks, Circuit Courts, Coun- 
ty Courts, Criminal Courts, 
Probate Courts, Courts' of Ap- 
peals, Supreme Court. 



INDEX. 



Ill 



COURTS— Continued— Art. Sec. 

Amendment enlarging Supreme 
Court and creating two divi- 
sions. (See amendment of 
1S90 at end of Art. 6.) 

CREEDS— 

religions, support of 2 6,7 

CREDIT LOANING. Prohibited. 

by municipalities 4 47 

of the State— exception 4 45 

by counties 9 6 

CRIMINALS— 

may be prohibited from voting 8 10 

prosecutions, rights of accused 2 22 

CRIMINAL COURTS— 

maj be established, when 6 31 

existing, continued, Sch 4 

CRIMINAL PROSECUTIONS : See 

Indictments — 
indictment and information 

concurrent remedies 2 12 

rights of accused 2 22 

no self -crimination 2 23 

D 

DEBATE— 

freedom of, in General Assem- 
bly 1* 12 

DEBTS- 

on behalf of State, created, 

when •• f ** 

of municipalities, payment of. 9 18 

limited 10 12 

loaning State's credit prohib- 
ited—exception 4 45 

bonded of the State 10 14 

of State to School and Semi- 
nary funds 10 26 

(Sch., Sec. 8.) 

DELAY, of justice 2 10 

DENIAL, of justice 2 10 

DEPARTMENTS OF GOVERNMENT- 
three separate ...; 3 

DISBURSEMENT- micicio 

of public funds 10 15,lb,l» 

DISTRIBUTION Off POWERS... 3 

DIVORCES— ^ ^ „ 

Legislature cannot grant, note. 6 

DUELING, penalty for 14 3 

DUE PROCESS OP LAW, note... 2 30 



E 

EDUCATION— 

persons of school age 11 

schools for colored children... 11 

board of education 11 

schools for religious nurposes. 11 
See Schools, School Districts, 
School Fund. 

ELECTIONS— 

to be free j 

of Representatives * 

of Senators * 

of executive officers ••■ » 

returns, ties, how determined.. 5 

of judges of Supreme Court... b 

of judges of Courts of Appeals b 
of judges of Courts, § 2 of 

amendment to ; ° 

of circuit judges •••• * 

of judges of courts of record., b 

of clerks, ties and contests... b 

general, time of holding » 

qualifications of voters » 



ELECTIONS-Continued- Art. Sec. 
how conducted, contests, se- 
crecy 8 3 

voters privileged from arrest.. 8 4 

registration 8 5 

by persons in representative 

capacity 8 6 

galniiig or losing residence 8 7 

who disqualifled as voters 8 8,10,11 

contested elections 8 9 

when ballots may be counted... 8 3 

of coroners 9 10 

for adoption of Constitution, 

Sch. 9-13 

EMINENT DOMAIN— 

uses, public and private 2 20-21 

jury trial ; 12 4 

ESTIMATES— 

to be furnished by Governor.. 5 10 

EXECUTIVE : See Crovernor— 

authority of 3 

failure to nerform duty 4 

executive department E 

duty of, generally 5 

pardoning power 5 

EXECUTIVE DEPARTMENT- 

officers of 5 

accounts kept by officers 5 

EXECUTIVE OFFICERS— 

duties of 5 

salaries and . fees 5 

contested elections of 5 

existing provisions, as to, Sch.. .. 

EX POST FACTO LAWS 2 

EXTRA SESSION— 

business of 4 

called by Governor 5 



9 

2,10 

10 

2 

9 

5 

13 



25 

30 

39,40 

1 

2 



40 

1 



1 
22 

20-22 
24 
25 
16 

15 

E5 
9 



PEES ; See Compensation : Sala- 
ries — 

extra, of officers prohibited — 4 

of public officers 5 

not to be increased 14 

limited— quarterly returns 9 

of county officers 9 

FELONIES— 

how prosecuted 2 

defined 2 

FINES— 

excessive, prohibited 2 

FORFEITURE- 

none of estates 2 

FORMER ACQUITTAL- 

or conviction ^ 

FREEDOM OF SPEECH 2 

FREE PASSES— 

acceptance by public officer 
prohibited 

G 

GENERAL ASSEMBLY : See Ab- 
sent members : Legislative 



12 



certain officers not eligible.... 4 

organization and rules * 

quorum , absent members 4 

sessions to be public ' 

time of meeting * 

adjournment ■• 

Governor may call extra ses- ^ 

sion !-•■•• li 

freedom of debate ■ f» 

members free from arrest i* 

delegation of authority s 



48 
24 
8 
13 
12 

12 
12 

25 

13 



15 
24 



12 
17 
18 
19 
20 
21-23 



12 
12 



IV 



INDEX. 



GOVERNMENT— Art. Sec. 

originates from the people 2 1 

may be altered and abolished. . 2 2 

local self-government 2 3 

object of 2 4 

three departments 3 

GOVEENOE— 

approval of bills 4 38 

bills returned without approval 4 39 

failure to perform duty^ 4 40 

of the executive department... 5 1 

residence to be at capital 5 1 

election and term of office 5 2 

re-election of 5 2 

returns of election— tie 5 3 

the chief magistrate 5 4 

qualifleations of 5 5 

duties of generally 5 6 

may call out militia 5 7 

pardoning power 5 8 

to give information to Legisla- 
ture 5 9 

may call extra session 5 9 

message of 5 10 

to account for moneys 5 10 

to fill vacancies in office 5 11 

duty as to bills presented 5 12 

may object to part of bill 5 13 

resolutions presented to 5 14 

may require reports of depart- 
ments 5 22 

commissioning officers 5 23 

GRAND JURY: See Jury- 
to consist of twelve men 2 28 

duty as to public officers 14 11 

H 

HABEAS COEPUS— 

writ not to" be suspended 2 26 

jurisdiction of Supreme Court. 6 3 
jurisdiction of Courts of Ap- 
peals 6 12 

jurisdiction of Courts of Ap- 
peals, § 4 of amendment to.. 6 

I 

IMPEACHMENT— 

who liable to 7 1 

proceedings generally— punish- 
ment ^ 7 2 

IMPEISONMENT FOE DEBT— 

prohibited 2 16 

INDICTMENTS AND INPOEMATIONS— 

in criminal cases 2 12 

conclusion of 6 38 

indictable offenses defined 2 12 

INJUEIES- 

redress of 2 10 

INSOLVENT LAWS— 

impairing obligation of con- 
tracts 2 15 

INTERPEETATION— 

of Constitution : See note to 

preamble, 
of Legislature 4 1 

INVOLUNTARY SEEVITUDE : 
See Slavery— 
prohibited— except, etc ;. 2 31 



JEOPARDY— 

twice in 2 23 

JOURNAL— 

of Legislature, to be published. 4 42 



JUDGES- Art. Sec. 

election of— ties and contests.. 6 30' 

vacancy in office... 6 32 

salaries of 6 33 

of county courts 6 36 

of circuit courts 6 25 

qualifications of 6 26 

provisions for addition 6 28 

vacancy in office 6 29- 

removal of 6 41 

of Courts of Appeals.. 6 13 

of Courts of Appeals, § 2 of 

amendment to :.... 6 

duty of, etc 6 14 

of "Supreme Court 6 4 

number, duties, etc 6 5 

qualifications 6 6 

JUDICIAL DEPARTMENT- 

of the various courts 6 1 

JUDICIAL NOTICE- , 

of charters of large cities...... 9 16 

of charter of St. Louis 9 21 

of legislative acts 4 31 

JURISDICTION— 

of Supreme Court 6 2,3 

of Court of Appeals 6 12, 27 

of Courts of Appeals, § 4 of 

amendment to 6 

of circuit courts 6 ' 22 

of probate courts 6 34,35 

of county courts 6 36" 

on rivers 1 1 

JURORS : See Tnal ly Jury- 
no religious qualification 2 5., 

JURY : See Trial by : Grand 
Jury— 

in condemning property 2 21 

discharge, when 2 23 

right of trial by 2 28 

JUSTICE— 

without delay, denial and sale. 2 10 

JUSTICE OF THE PEACE— 

in general •. 6 37 

K 

KANSAS CITY COURT OF AP- 
PEALS 6 12 

and .amendment to 6 



L 

LAWS— 

time of taking efEect 4 

revision of 4 

local, notice of 4 

to enforce Constitution, Soft 

style of 4 

how passed 4 

LEGISLATIVE DEPARTMENT... 4 

LEGISLATIVE POWER— 

in general 4 

vested in General Assembly 4 

limitation on 4 

special legislation prohibited.. 4 

business of extra sessions 4 

LEGISLATIVE PROCEEDINGS- 

style of laws 4 

amendments and reports of 

committees 4 

revival and re-enactment 4 

amendments by striking out 

and inserting words 4 

motion to reconsider 4 

resolutions presented to Gov- 
ernor 5 

order of appropriation 4 



36 
41 
54 
15 
29 
25-39 



1 

1 

43-56 

53 

65 

24 

32 

33 



34 
35 



14 
43: 



INDEX. 



LEGISLATIVE PROCEEDINGS— 

Continued— Art. Sec. 

bills, laws to be passed by 4 26 

amendment of 4 25, 29 

to be reported upon and 

printed 4 27 

to contain but one subject — 4 ^8 

return amended J 4 30 

final vote on 4 31 

to be signed by presiding 

officer 4 37 

approval of, by Governor 4 3S 

returned without approval — 4 39 

Governor's duty as to 5 12 

may object to part of 5 13 

LEGISLATUEB : See General AssenMy. 

LIBEL— 

defined 2 14 

truth in evidence 2 14 

LIBERTY— 

a natural right 2 4 

act violating right of 2 4 

association with thieves 2 4 

religious 2 5 

no person deprived of without 

due process 2 30 

of conscience 2 5 

■LICENSES- 

contracts with the State 2 15 

LIENS- ^ ^ 

on_raIlroads not to be released. 4 bO 

LIBUTENANT-GOVEENOR— 

is of executive department 5 1 

election, term of office 5 2 

returns— ties, how determined.. 5 i 

qualifications and duties 5 15 

to act as Governor 5 16 

LOANING CREDIT PROHIBITED : 
See Subsoriptions— 

by municipalities 4 *l 

of the State— exception 4 to 

by counties ^ 

LOANS- 1(1 20 

api)lication of 1" ''" 

LOTTERIES- 

contracts with State 2 15 

, prohibited 1* ^" 

M 

MANDAMUS— „ ,. -. o 

jurisdiction of Supreme Court. 6 i 

MESSAGES— _ in 

of the Governor » ^" 

MILITARY- „ , „ 

subordinate to civil power.... ^ ^ 

quartering 

MILITIA— ^ s 7 

Governor may call out ° ' 

persons liable to duty l» ^ 

organization of : s ^J , 

election of officers ■-. i^ ^ 

volunteer companies ^* ^ 

privilege from arrest w » 

appointment of officers 13 ^ 

public arms and records -is 

MINISTERS- „ fi , 

support of ^ "' 

MISDEMEANOR- . „ jj 

prosecuted, how ; ■ ^^ „ 

in office ;■■: " 



MUNICIPAL CORPORATIONS- 

Art. Sec. 

extending limits 4 1 

loaning credit prohibited 4 4T 

loaning credit prohibited. 9 5 

subscriptions by^ prohibited 9 & 

payment of indebtedness 9 19 

property exempted from taxes. 10 6 

taxation 10 9,10 

indebtedness limited 10 12 

for waterworks, etc., In cer- 
tain cities 10 12a 

private property not sold to 

pay debts 10 13 

See OiHea. 

MURDER— 

bailable, when 2 24 

bailable, except murder in the 
first degree i, 2 24 

N 

NEGROES— 

schools for 11 3 

NOLLE PROSEQUI— 

not a bar, when 2 23 

NON-EE SIDBNTS— 

lands, how taxed 14 1 



o 

OATH OF OFFICE— 

members of General Assembly. 4 
generally 14 

OBLIGATION OF CONTRACT- 
laws impairing 2 

OFFICE : See Yacamcy in Office 

no religious qualification 2 

contract with State 2 

members of Legislature dis- 
qualified 4 

vacancy in, filled by Governor. . 14 

aliens, etc., cannot hold.... — 8 

eligibility ••■■ S 

OFFICERS- 

must give time to duties 2 

collectors and receivers, fail- 

ure to account ^ 

not eligible to Legislature...., 4 

extra pay prohibited., 4 

commissioned by Governor 5 

of U. S. no"t eligible to State.-. 

office ■ ^* 

removal for misdemeanor 14 

appointment of, generally 14 

municipal, extra = 

cannot hold two offices » 

existing continued in office, Sen . . 

OPINIONS— , , 

of Courts of Appeals ■■ » 

of Courts of Appeals-amend- 

ment to • :;'."Vt™ 

of Supteme Court, publication 

of ■ 

ORDINANCE OP 1865...;. 10 

P 

^^?S"a^s done under military ^^ 

powertrvested-inGovemor:: 5 

PAUPERS^ _ 8 

cannot vote ......!•■■••■ 



15 
6 

15 

5 
15 

15 
B-8 
12 
12 

18 

19 
12 
48 
23 

4 
7 
9 
14 
18 
6 

15 



3,44 
14 



VI 



INDEX. 



PEOPLE- Art. Sec. 

original of political power 2 1 

regulation of internal affairs.. 2 2 

PERJURY— 

by legislators 4 15 

PERSONAL LIBERTY— 

a natural right 2 4 

violating right of 2 4 

not to be deprived of without 
due process 2 30 

PETITION— 

right of 2 29 

POLITICAL POWER— 

origin of 2 1 

PRACTICE— 

in Courts of Appeals 6 15 

in probate courts 6 35 

PREACHERS- 

support of 2 6, 7 

PRELIMINARY EXAMINATIONS— 

under bill of rights, Sch 17 

PRESIDENT OF SENATE 5 17,18 

PRIESTS— 

support of 2 6, 7 

PRIVATE PROPERTY— 

taken for private use 2 20 

PROBABLE XAUSE— 

for searches and seizures 2 U 

PROBATE COURTS— 

jurisdiction, practice, clerks... 6 34,35 
existing, continued, Sch 3 

PROCESS— 

in criminal cases 2 22 

to run in name of State 6 38 

PROPERTY— 

enjoyment of 2 4 

PROSECUTIONS— 

by indictment 2 12 

in name of State 6 38 

PUBLIC LANDS— 

disposal of by U. S 14 1 

taxing 14 1 

PUBLIC MONEY : See School fund 

statement of receipts, etc 10 19 

not to be used to support re- 
ligion 2 7 

grant of, prohibited 4 46 

Governor tp account for 5 10 

how disbursed 4 43 

deposit of 10 15 

treasurer's accounts 10 16 

speculation in 10 17 

I'LBLIC RECORDS— 

where and by whom kept 5 1 

PUBLIC USE— 

a judicial question 2 20 

property taken for 2 21 

PUNISHMENTS— 

cruel, prohibited 2 25 

Q 

QUORUM— 

in General Assembly 4 18 

in Supreme Court 6 5 

in Courts of Appeals 6 14 

QUO WARRANTO— 

jurisdiction of Supreme Court. 6 3 
of Courts of Appeals— amend- 
ment 6 12 



R 

RAILROADS— Art. Sec. 

State lien not to be alienated. 4 50 

subscriptions by municipalities 9 6 

taxing 10 5 

discrimination 1212,14,23 

commutation tickets 12 12 

construction of, freight of other 

roads 12 13 

are public highways 12 14 

to keep public office 12 15 

meetings and reports 12 15 

property subject to execution.. 12 16 
consolidations with other com- 
panies 12 16,17 

laws in aid of 12 19 

street railroads 12 20 

benefit of future legislation — 12 21 
officers not to be interested 

in business of road 12 22 

not to grant free passes to 

officers 12 24 

RECORDSr- 

of Supreme Court 6 21 

REDRESS OF INJURIES 2 10 

REGISTRATION— 

of voters 8 S 

RELIGION : 'See Churches 

freedom of worship 2 5 

religious qualification 2 5 

individuals, support of 2 6 

no aid by State 2 7 

no discrimination against 2 7 

RELIGIOUS CORPORATOINS— 

how created 2 8 

holding real estate 2 8 

REMEDY- 

afforded for injuries 2 10 

law impairing 2 15 

RBMONSTRANQE— 

right of 2 29 

REPRB SENTATION— 

of new counties 9 3 

REPRESENTATIVE DISTRICTS— 

division of counties 4 3 

alteration, contiguity 4 9 

REPRESENTATIVES: See Sen- 
ators- 
election and appointment 4 2,8 

eligibility 4 4 

number until apportionment 4 8 

time of electing 4 10 

cannot hold another office 4 12 

removal vacates office 4 13 

oath of office 4 15 

compensation of 4 16 

RESTRAINT OF TRADE— 

in general 2 4 

RETROSPECTIVE LAWS 2 15 

REVENUE— 

to be paid into treasury, how 

paid out 4 53 

See Tatnation. 

REVISION OP LAWS 4 41 

RIGHTS- 

of persons 2 4 

of conscience 2 5 

of suffrage 2 9 

to bear arms 2 17 

of petition and remonstrance.. 2 29 

reserve 2 32 



INDEX. 



VII 



EIVERS- Art. Sec. 

jurisdiction of 1 l 

commou highway 1 l 

ROADS AND HIGHWAYS— 

special tax levy for, author- 
ized 10 11a 

RULES— 

of General Assembly 4 17 

s 

ST. LOUIS— 

may extend limits 9 20 

adoption of charter 9 20,23 

courts of 9 24 

subject of general law 9 25 

ST. LOUIS COURT OP APPEALS— 

jurisdiction of 6 12 

appeals to Supreme Court 6 12 

number, election, etc., of 

judges 6 13 

quorum, terms of court, etc... 6 14 

rules of practice, opinions 6 15 

terms of first judges, presiding 

judge 6 16 

appointment 6 17 

clerk of court 6 18 

cases Supreme Court certified 

to 6 19 

when cases triable 6 20 

appellate jurisdiction 6 27 

applicable to Kansas City Court 

of Appeals 

See Amendment to Article 6. 

SALARIES: See Fees— 

of executive officers 5 24 

of judges 6 33 

SCHEDULE— 

to take effect at once, Sch 14 

SCHOOL DISTRICTS— 

not entitled to pxiblic money, 
when 11 2 

' SCHOOL FUND— 

in general 11 6 

disbursement of 11 2 

certain districts not entitled to 11 2 

deficiency in U 7 

county school fund 11 8 

investment of U 9, 10 

certificates of indebtedness to. 10 26 

SCHOOLS : See Education 

exempt from taxation 10 6 

SEAL OF STATE 5 20. 

SEAMEN— 

cannot vote 8 11 

SEARCHES AND SEIZURES— 

security from 2 11 

SEAT OF GOVERNMENT- 

not to be removed 4 56 

SECRETARY OF STATE— 

of the executive department — 5 1 

to reside at capital 5 1 

election and term 5 2 

returns — ties, how determined.. '5 3, 

qualifications of 5 19 

custodian of seal 5 20 

to authenticate acts of Gov- 
ernor S 20 

duties of 5 21,22 

SECTS— 

support of 2 6, 7 

SELF-CRIMINATION 2 23 

SELF-GOVBRNMENT— 

in general 2 3 

C-6 



■SEMINARY FUND— Art. Sec. 

certificates of indebtedness to. 10 26 

SENATE— 

president of— pay, etc 5 17,18 

SENATORIAL DISTRICTS— 

in general 4 5,11 

division of counties 4 6 

alteration, contiguity 4 9 

apportionment, as made by 

state officers, see fo'ot of 

sec. 11 of art. 4. 

SENATORS : See Representatives 

limited to thirty-four 4 5 

eligibility 4 6 

apportionment 4 7 

time of electing 4 10 

cannot hold another office 4 12 

removal vacates office 4 13 

oath of office 4 15 

compensation 4 16 

SHERIFFS : See Coroner— 

election and appointment of... 9 10 

vacancy 9 11 

SLAVERY- 

prohibited 2 31 

SOCIETIES— 

not taxed 10 6 

SOLDIERS— 

cannot vote 8 11 

SPEAKER HOUSE OF RBPRE- 
■SENTATIVES— 
to act as Governor, when 5 17 

SPECIAL JUDGE- 

in Supreme Court 6 11 

in Circuit Court 6 29 

SPECIAL LEGISLATION- 

prohibited * 53 

notice of local laws 4 54 

SPECIAL PRIVILEGES— 

irrevocable grant of 2 15 

STATE- 

caunot support religion i ' 

property not taxed 10 6 

payment of bonded debt. Sen.. .. 8 

certificates of indebtedness.... 10 2b 

STATE AUDITOR— 

of executive department 5 1 

to reside at capita! 5 1 

election, term of office 5 i 

returns— ties, how determined. 5 3 

qualifications ° '■^ 

STATE INSTITUTIONS— 

to furnish information to Gov- 
ernor ° ^^ 

STATE TRABSURBR: See Treas- 
urer— 

STATE UNIVERSITY U 5,6 

STAY LAWS- , , 

unconstitutional '^ ^^ 

STREET RAILROADS 12 20 

SUBSCRIPTIONS: See Loaning 

Credit— . 

by State prohibited............. 4 iv 

by municipalities prohibited... 9 b 

SUFFRAGE : See Elections- 
right of not to be interfered 
with ^ ^ 

SUICIDES- ^ .^ , „ 1, 

estates not to be forfeited ^ ^^ 



VIII 



INDEX. 



SUPERINTENDENT PUBLIC 

SCHOOLS— Art. Sec. 

of executive department 5 1 

to reside at capital 5 1 

election, term, etc 5 2 

returns — ties, how determined. 5 3 

qualifications of 5 19 

SUPREME COURT— 

Jurisdiction 6 2, 3 

may issue writs 6 3 

also sec. 3, amendment 1890 

judges, term 6 4 

number of judges, quorum, 

duties 6 5 

also sec. 1, amendment 1890. 

qualifications 6 6 

full terms, appointment 6 7 

also sec. 2, amendment 1890. 

terms of present judges 6 8 

time and place of court 6 9 

accommodation for 6 10 

judges dlTided in opinion 6 11 

also sec. 4, amendment 1890. 

special, judge 6 U 

clerks and records 6 21 

decisions of 6 43,44 

diTlsion to be dispensed witb, 

amendment 1890 6 5 

inconsistent provisions re- 
pealed, amendment 1890 6 6 



TAXATION— 

of corporations 2 15 

of corporations 10 2 

of U. S. lands 14 1 

of non-residents 14 1 

taxing power 10 1 

for public purposes to be 

uniform 10 3 

in proportion to value 10^ 4 

of railroads 10 5 

exemptions 10 6, 7 

rate for State purposes 10 8 

liability of municipalities 10 9 

for municipal purposes 10 10 

rates for local purposes 10 11 

for road purposes 10 11a 

under ordinance of 1895 10 14 

to pay State debt 10 14 

rate to pay interest on certifi- 
cates of indebtedness 10 26 

TEACHER— 

of religion 2 6,7 

TERMS OF COURT— 

of Supreme Court 6 9 

of Courts of Appeals 6 14 

of Circuit Courts 6 22 

TERMS OF OFFICE— 

in general 14 5 

in general 9 14 

not to be extended 14 8 

TOWNS— 

organization and classification. 9 7 

TOWNSHIP ORGANIZATION .... 9 8, 9 

TOWNSHIPS— 

subscriptions prohibited 9 6 

TRADE— 

restraint of 2 4 



TREASON- Art. Sec. 

defined, punishment 2 13 

TREASUR.HE— 

of executive department 5 1 

to reside at capital 5 1 

election, term of office 5 2 

re-election of 5 2 

returns of election— tie, how 

determined 5 3 

qualifications of 5 19 

deposit of State funds 10 15 

accounts of 10 16 

TRIAL— 

to be speedy and public 2 22 

TRIAL BY JURY : See Jury— 

right of 2 28 

in Supreme Court 6 3 

in exercise, right of eminent 
domain .., 12 4 

TWICE IN JEOPARDY 2 23 

u 

USE : See Private and. Public Use. 

V 

VACANCY IN OFFICE— 

writs of election to fill 4 14 

filled by Governor 5 11 

of circuit judges 6 29 

of judges generally 6 32 

of sheriffs and coroners 9 11 

VERDICT— 

reversal, retrial of accused 2 23 

VESTED EIGHT— 

right to vote is not 2 9 

VOTERS : See Election ; Begistration^ 
residence, change not to affect, 
when.... 8 7 

W 

WAR DEBT- 

payment of 4 52 

n'ARRANT— 

for searches and seizures 2 11 

WITNESSES— 

no religious qualification 2 5 

in prosecutions for treason.... 2 13 

right to meet face to face 2 22 

right to process 2 22 

WORSHIP— 

religious 2 • 5-7 

WRITS— 

issued by Supreme Court 6 3 

Court of Appeals 6 12 

to run in name of State 6 38 

WRITS OF ELECTION— 

to fill vacancy in General As- 
sembly , 4 14 

WRITS OF ERROR— 

where returnable, Sch 7 

Y 

YEAS AND NAYS— 

demanded, proceedings 4 42 

on final vote on bill 4 31 

on amendments 4 32